A factory worker dismissed by Nestlé after allegedly triggering a production shutdown by vaping in the washroom has been awarded £22,000 (around ₹27 lakh) by an employment tribunal in the UK.
Incident triggered factory shutdown
Luke Billings, a technical operator at the company’s coffee facility in Tutbury, set off a fire alarm on October 11, 2023, leading to a full evacuation and halting production.
“All staff had to be evacuated. Production ceased until it was deemed safe to return. As a consequence there was disruption and lost production,” the tribunal was told, according to a Daily Mail report.
An internal investigation, including CCTV review, concluded the alarm was triggered by vaping in a disabled toilet — an act strictly prohibited on site.
Employee denied vaping during probe
When confronted by the factory management, Billings initially denied vaping. The panel noted: “The Claimant maintained his position that he was not vaping in the toilets on the day in question.”
“He said he did not vape so it could not be him.”
During further questioning, he admitted to vaping occasionally — but “only at weekends and only at home.” He never admitted to vaping in the toilet.
Dismissed for ‘gross misconduct’
Nestlé dismissed Billings for gross misconduct, citing multiple reasons.
The tribunal heard: “Firstly, he considered a breach of health and safety. Secondly, he lost trust and confidence in the Claimant because he believed he was lying.
“Thirdly, there was a loss of production to the business.
“He concluded that the Claimant having been employed for a long time in the business ought to have known better.”
Billings appealed, but the decision was upheld.
Tribunal rejects disability discrimination claim
Billings, who had been on sick leave for depression between June 2022 and August 2023, argued he was treated unfairly due to his condition. He cited a colleague who committed a safety breach but received only a warning.
The factory worker argued that he would not have been sacked had he not taken sick leave. However, the tribunal ruled otherwise.
“The less favourable treatment was not because of the Claimant’s disability but because he did not admit his culpability and/or apologise.”
It added: “The reason for dismissal had nothing to do with the Claimant’s disability.”
Unfair dismissal claim upheld
Despite rejecting the discrimination claim, the tribunal ruled that the dismissal itself was unfair. “The decision to dismiss fell outside the range of reasonable responses open to a reasonable employer,” the panel said.
It further noted: “[The disciplinary officer] made it clear in his evidence that had the Claimant accepted he had been vaping in the toilet, and apologised, he would not have been dismissed.
“In other words, health and safety and loss of production were not the principal reasons.
“They played a lesser part in the decision to dismiss because they were not determinative. What was determinative was the failure to accept responsibility.
“Failing to apologise or to accept responsibility is not misconduct.”
The tribunal also found the dismissal to be “disproportionate”, describing the incident as “a single isolated act” in an otherwise “unblemished career”.
Nestlé has now been ordered to compensate Billings, including lost earnings, pension benefits, and statutory rights. However, the payout was reduced by half, as the tribunal ruled that “the Claimant has contributed to his dismissal” and was “equally to blame”