Mr Luke Billings v Nestle UK Ltd — 2025

Employment Judge Ahmed, sitting with members Ms J Dean and Mr S Connor, found that the claimant's dismissal by Nestle UK Ltd was unfair. The claimant, a Technical Operator with over 11 years' service, was dismissed for gross misconduct after a fire alarm activation traced to vaping in a disabled toilet. The tribunal accepted he was a disabled person by reason of depression at all material times.

Applying s.98(4) ERA 1996 and the band of reasonable responses (Iceland Frozen Foods, HSBC v Madden, London Ambulance v Small, Sainsbury's v Hitt), the tribunal found that the principal reason for dismissal was the claimant's failure to apologise/accept responsibility (not the underlying conduct or health and safety/lost production), which is not misconduct. Dismissal was disproportionate for a single isolated act in an otherwise unblemished career; there was no clear rule that vaping in toilets would be treated as gross misconduct; and length of service was treated as an aggravating rather than mitigating factor. The dismissal was substantively unfair, although no procedural unfairness or breach of the ACAS Code was found.

Applying Hollier v Plysu, the tribunal found the claimant equally to blame for his dismissal and reduced both basic and compensatory awards by 50%. Compensation was assessed at: basic award £7,073; compensatory award (loss of earnings £2,928 + further loss £27,692.16 + loss of pension £6,097.28 + loss of statutory rights £643 = £44,433.44) reduced by 50% to £22,216.72.