A train conductor has been dismissed for gross misconduct after first-class passengers were served sausage rolls that had been retrieved from a bin. The incident, which occurred on a London North Eastern Railway (LNER) service, led to an employment tribunal where the worker's claims of unfair dismissal were rejected.
The Incident on Board
The event took place on 7 May 2023 aboard an LNER service departing from York. Two passengers in first class requested sausage rolls. According to tribunal evidence, a colleague in the kitchen had earlier stated that the sausage rolls were unavailable as they had been thrown away.
Another crew member later reported hearing laughter from the kitchen before the service. Shortly after, a host was seen taking sausage rolls to the first-class coach. The reporting employee became suspicious and, upon checking the kitchen bin, found it empty.
Investigation and Dismissal
LNER launched an investigation. CCTV footage was reviewed and appeared to show the employee, Peter Duffy, retrieving items of food from a bin in the presence of a colleague. The footage suggested the food was then plated, reheated, and served to customers by his colleague.
At an investigatory meeting on 17 May 2023, Mr Duffy did not deny the core allegation. He stated he was "a person who goes over and beyond for the customer" and claimed, "I have just gone too far for the customer in my mind." He explained that the sausage rolls were wrapped in foil and that they had run out for first-class passengers.
Mr Duffy, who said he suffered from anxiety and depression, was supported by a union representative who suggested he had experienced an episode of transient global amnesia—a temporary short-term memory loss—on the day. However, the tribunal found LNER had acted reasonably. Mr Duffy was dismissed for gross misconduct in July 2023.
Tribunal Outcome
Peter Duffy brought claims of unfair dismissal and disability discrimination to an employment tribunal in Newcastle in August 2025. Both complaints were dismissed. The judge ruled that LNER's decision to dismiss was within the range of reasonable responses and that the actions leading to dismissal were not a consequence of his disability.
The colleague involved denied seeing Mr Duffy take the food from the bin, offering an alternative explanation for the laughter heard. The tribunal found this evidence unreliable and likely self-serving. Both employees were suspended during the initial investigation into the serious breach of food hygiene standards.
