A 20 cent oversight that costs him dearly. A Lidl employee was dismissed for serious misconduct after drinking a bottle of water costing 20 euro cents which he forgot to pay for at the checkout.
Julian Oxborough, who worked for Lidl in Wincanton (United Kingdom) for more than ten years, claims to have drank water because he felt dehydrated during his shift, according to The Independent. The man, who considers his employer’s decision “totally disproportionate”, saw his appeal for unfair dismissal rejected by the court.
The facts date back to July 19, 2024, when Julian Oxborough served a customer wishing to purchase an individual bottle of water from a pack. This bottle did not have a barcode, the customer exchanged it for another with a barcode and left the first one at the checkout. Later that day, the employee took this bottle without a barcode and drank from it, while continuing to serve customers.
A “totally disproportionate reaction”
The next day, a Lidl manager discovered the bottle near the checkout and suspected an employee of being guilty of a policy infraction. After being seen on CCTV cameras drinking from the bottle, Julian Oxborough was summoned and suspended pending an investigation into serious misconduct.
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During the inquest, Julian Oxborough explained that he suffered from dehydration while on duty and was concerned about his health at the time. He clarified that his personal drink was too strong in syrup to be consumed.
“I think I forgot or don’t remember cashing it,” the employee said when asked about paying for the water. He then claimed that he was in a hurry at the end of his shift and had forgotten to pass the item, assuring that he had no bad intentions. While acknowledging his mistake, Julian Oxborough called his dismissal a “totally disproportionate reaction”.
“A zero tolerance policy”
Karina Moon, sector manager and disciplinary officer, said during the hearing that the employee had given contradictory explanations as to his intention to pay for the water. She also questioned why he didn’t switch to tap water.
In court, Julian Oxborough reiterated his absence of bad intention, attributing his actions to fatigue, stress, heat, thirst, discomfort, fear of contracting Covid-19 from his partner and his eagerness to take a bus at the end of his shift.
Insufficient arguments in the eyes of the Southampton employment tribunal which rejected the appeal and upheld Lidl’s decision. “We never take the decision to dismiss a long-time employee lightly, and the court confirmed that our actions were fair and in accordance with established procedure,” commented Lidl. “As a distributor, it is essential for us to maintain a constant zero tolerance policy with regard to the consumption of unpaid stocks,” continued the German brand.
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