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Tribunal Rules Wetherspoons Shift Leader Was Unfairly Dismissed Over Staff-Discount Order

The judge deemed the penalty disproportionate given his long, clean service, directing the parties to pursue an Acas-facilitated settlement.

Overview

  • Employment Tribunal Judge Rachel Harfield found Peter Castagna-Davies’ February 2024 dismissal outside the reasonable range of responses.
  • The case stemmed from a 50% discount applied to two portions each of halloumi fries and chicken breast bites plus two cans of Monster for a colleague who took the food home.
  • Wetherspoons’ policy allows one free meal and soft drink on shift, requires any further half-price items to be eaten in the pub, and limits take-home purchases to a 20% discount.
  • The tribunal cited his more than 20 years of service and clear record, concluding his conduct was negligence rather than gross misconduct and criticising the employer’s appeal decision.
  • Compensation is yet to be set, with the Cardiff tribunal urging both sides to agree terms through Acas rather than proceed directly to a remedy hearing.