Hannah McAllister v Raymond Carberry and Ursula Carberry, t/a Café Carberry [2018]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Dismissal, Policies and Procedures
Issues covered: Unfair Dismissal; Gross Misconduct; Staff Food and Drink Policy; Communication of Policies

The claimant was employed by the respondent café. On one of her shifts she was seen on CCTV taking a bottle of juice from a refrigerator while leaving the café premises. Upon returning the claimant began cleaning up without paying for the juice. Almost immediately after this the respondent confronted her about the incident. Although she subsequently paid for the drink, the claimant was given a letter asking her to attend a disciplinary hearing. She was later dismissed for gross misconduct.

The tribunal found that the conduct of the claimant in failing to pay for her drink before consuming it amounted to misconduct. However, the tribunal was critical of the ‘Staff Food and Drink Policy’ and

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This article is correct at 28/03/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

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