Lidl Employee Dismissed Over 17p Water Bottle Incident
An employment tribunal has upheld the dismissal of a Lidl worker who was sacked after drinking a 17p bottle of water because he felt "dehydrated" while working at a checkout. Julian Oxborough, who had been employed by the supermarket chain for over ten years at its Wincanton store, saw his claim for unfair dismissal rejected following a hearing.
Details of the Incident and Investigation
The case centred on an event that occurred on 19 July 2024. Mr Oxborough was serving a customer who initially selected a bottle of water from a multipack, which lacked a barcode. The customer then exchanged it for a barcoded bottle, leaving the original item at the till. Later during his shift, Mr Oxborough drank from this discarded bottle and used it to top up his own drink as he continued to serve customers.
The following day, a store manager discovered the bottle near the checkout and suspected a breach of company policy. After reviewing CCTV footage, Mr Oxborough was invited to a meeting and suspended pending an investigation into allegations of gross misconduct.
Employee's Defence and Employer's Response
During the inquiry, Mr Oxborough explained that he was experiencing dehydration during his shift and was concerned about his health, noting he had made his personal squash drink too strong to consume. He stated he believed the multipack bottle could be written off, having observed single bottles of water in the canteen without receipts.
When questioned about payment, he admitted: "No, I think I may have forgot or can’t actually remember taking it." He further claimed he was in a rush at the end of his shift and forgot to have the item written off, asserting he had no intention of being dishonest, though he acknowledged it was wrong afterwards. Mr Oxborough described his subsequent dismissal as "a huge overreaction".
However, area manager Karina Moon, who oversaw the disciplinary process, told the hearing that Mr Oxborough had provided inconsistent explanations regarding his intent to purchase or write off the water. She also questioned why he had not opted for tap water instead. Ms Moon highlighted that Mr Oxborough had four days after the incident to come forward but failed to do so. She concluded that he was aware of the correct procedures and that there was no assurance his behaviour would not be repeated, leaving no suitable alternative to summary dismissal for gross misconduct.
Tribunal Decision and Company Statement
At the tribunal, Mr Oxborough reiterated his lack of dishonest intent, attributing his actions to being tired, stressed, hot, thirsty, unwell, worried about contracting Covid from his partner, and in a hurry to catch a bus at the end of his shift.
An Employment Tribunal in Southampton later upheld Lidl’s decision, with Employment Judge Yallop dismissing Mr Oxborough’s claims, including unfair dismissal.
A spokesperson for Lidl commented: "We would never take the decision to dismiss a long-serving colleague lightly, and the tribunal has upheld that our actions were fair and followed a thorough process. As a retailer, maintaining a consistent zero-tolerance approach to the consumption of unpaid stock is essential to our operations and ensures that clear rules are followed by everyone across the business."
