Employee v Employer [2013]

Posted In: Case Law
  • Case Reference
    IREAT UD134/2012
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
Issues covered: Unfair Dismissals Acts, 1977 to 2007; Conduct Dismissal; Fair Procedures

The claimant was a manager at a fast food branch. A policy was in place regarding consumption of food for employees. It stated:

'Staff food must be consumed by you on the premises, in the designated staff dining area…A manager must ring in your staff food prior to you leaving for the floor.'

The claimant was observed on CCTV giving out free food. The area manager looked at the till receipts for the period and confirmed the food had not been rung through the till. The employee was called to a meeting without advance notice and was allegedly encouraged to resign as "it's the best way."

Although there was some dispute about the words used and whether the employee was being forced to resign,

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This article is correct at 10/01/2014

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