Manager Wins Tribunal After Dismissal Over Staff Discount Misstep

A former manager of Wetherspoon has won an employment tribunal after being unfairly dismissed for allowing a colleague to purchase discounted food. Peter Castagna-Davies, who served as a shift leader at the Pontlottyn pub in Abertillery for over 20 years, was terminated from his position after an internal investigation claimed he breached company policy.

The incident occurred on January 31, 2024, when Mr. Castagna-Davies processed an order for Noah Gardiner, a kitchen worker. The order included two portions of halloumi fries, two portions of chicken breast bites, and two cans of Monster energy drink, which he discounted by 50% for shift staff. However, the pub chain’s investigation concluded that he allowed Mr. Gardiner to purchase “excessive products” and take them home, violating company rules.

Investigation and Dismissal

Wetherspoon’s disciplinary chairman, Chris Jenkins, justified the dismissal by stating that Mr. Castagna-Davies should have been aware of the activities of the limited staff on the shift. He noted that just two minutes before the discount was applied, Mr. Gardiner had used another manager’s till key to process a free meal for himself.

Two months prior to the incident, the company had circulated new guidelines limiting employees to one free food item and one soft drink per shift. While staff could add extra items at half price, any food taken home could only be discounted by 20%. This crackdown on employee discounts was reportedly due to previous instances of abuse, where staff had taken large quantities of discounted food home, impacting the company financially.

In the tribunal, Wetherspoon’s representatives indicated that the company had experienced considerable losses from the misuse of the staff discount system. Mr. Castagna-Davies’ transaction was flagged by a monitoring system designed to identify potential fraud. During the investigation, he expressed disappointment for his oversight and explained that he might have mistakenly applied a 50% discount instead of the appropriate 20%.

Tribunal Findings and Outcome

Despite Mr. Castagna-Davies’ explanation, he was dismissed without notice. In an appeal, he presented evidence suggesting that Mr. Gardiner had acted deceptively in ordering the food. However, Dannie Stephens, the area manager, upheld the dismissal, stating that Mr. Castagna-Davies had failed to manage his shift adequately.

Judge Rachel Harfield concluded that the staff discount system relied on trust and criticized the decision-making process that led to Mr. Castagna-Davies’ dismissal. Judge Harfield indicated that the actions taken against him did not equate to gross incompetence or negligence but rather fell into a category of simple negligence. She emphasized that the seriousness of the incident had not been adequately assessed, noting Mr. Castagna-Davies’ lengthy service and clean disciplinary record.

The tribunal found that the circumstances did not warrant such a severe consequence, declaring the dismissal unfair. A compensation amount has yet to be determined, but both parties have been encouraged to reach a settlement before a remedy hearing.

This case highlights the complexities surrounding employee discount policies and the potential ramifications of enforcement actions taken without a thorough assessment of individual circumstances.