Nestlé has been ordered to pay compensation to a factory worker in the UK who was dismissed after allegedly vaping in a washroom and triggering a production shutdown. The employment tribunal awarded £22,000, about ?27 lakh, to Luke Billings, a technical operator at the company’s coffee plant in Tutbury.
The incident occurred on 11 October, 2023, when a fire alarm went off, forcing a full evacuation and halting production. An internal investigation, including CCTV footage, concluded the alarm was caused by vaping in a disabled toilet, which was strictly prohibited. Billings denied vaping during the incident, though he admitted to occasional vaping at home.
Nestlé dismissed him for gross misconduct, citing health and safety concerns, loss of trust, and disruption to production. His appeal against the decision was rejected. Billings later argued that he was treated unfairly because of his history of depression, pointing to a colleague who had committed a safety breach but received only a warning.
The tribunal rejected his claim of disability discrimination, ruling that the dismissal was not linked to his medical condition but to his refusal to admit or apologise for the alleged act. However, it found the dismissal itself unfair, stating that the company’s decision went beyond what a reasonable employer would have done.
As a result, the tribunal upheld his claim of unfair dismissal and ordered Nestlé to pay him compensation. The case highlights how workplace disciplinary actions can be scrutinised by tribunals, especially when questions of fairness and proportionality are raised.
