A train conductor has been dismissed for gross misconduct after an employment tribunal heard he served first-class passengers sausage rolls that had been retrieved from a bin.
The Incident on Board
The extraordinary breach of food hygiene standards occurred on 7 May 2023 aboard a London North Eastern Railway (LNER) service departing from York. Two passengers in the first-class section had requested sausage rolls.
According to evidence presented at a subsequent tribunal, another crew member had earlier been told in the kitchen that the sausage rolls were unavailable as they had been thrown away. Later, this staff member reported hearing "lots of laughing" from the kitchen where Peter Duffy and a colleague were based.
"A couple of minutes later one of the hosts from first class took the sausage rolls to Coach K," the reporting staff member stated. After finishing their own meal, they went to dispose of rubbish and made a shocking discovery: "the bins were empty and there were no sausage rolls in the bin."
Investigation and Dismissal
LNER launched an investigation and retrieved CCTV footage from the train. The footage reportedly showed Mr Duffy retrieving items of food from a bin in the presence of his colleague. It was alleged he then plated and reheated the items before his colleague served them to the customers.
Both employees were suspended. At an investigatory meeting on 17 May 2023, Mr Duffy did not deny the core allegation. He stated, "I clearly took them out as there were none left for people in first class but they were wrapped in foil." He claimed he was "a person who goes over and beyond for the customer" and had "just gone too far."
Mr Duffy, who said he suffered from anxiety and depression, was represented by a union. A representative suggested he had suffered from an episode of transient global amnesia, a temporary short-term memory loss condition, on the day. His colleague denied seeing him take the food from the bin, claiming the laughter was due to her passing wind, but the tribunal found her evidence unreliable.
LNER found Mr Duffy had committed gross misconduct and dismissed him in July 2023.
Tribunal Ruling
Mr Duffy brought claims of unfair dismissal and disability discrimination to an employment tribunal in Newcastle in August 2025. Both complaints were dismissed.
In its written reasons, the tribunal judge stated that LNER had acted reasonably in deciding to dismiss Mr Duffy. The judge concluded that the actions which prompted his dismissal were not something that arose in consequence of his disability.
The case highlights the severe consequences for breaches of fundamental food safety protocols, even when employees claim their intentions were to provide good customer service.
