Tribunal backs LNER after first class passengers served food from bin

A former train worker dismissed after first class passengers were served sausage rolls taken from a bin has defended his actions, telling a tribunal he believed he was putting customer service first.

Peter Duffy, who was employed by London North Eastern Railway, was accused of retrieving discarded sausage rolls and having them prepared and served to passengers by a colleague. The incident ultimately led to his dismissal for gross misconduct, a decision later upheld by an employment tribunal.

The events took place on 7 May 2023, while Mr Duffy and another crew member were working on an LNER service departing from York. Two passengers travelling in first class asked for sausage rolls at a point when supplies had run out.

Concerns were raised by another member of staff, who later reported that sausage rolls had been thrown away shortly beforehand. That employee said: "Myself and a host from standard class had been in the kitchen to get ourselves food when the host who was cooking told us the sausage rolls had just gone in the bin."

The same staff member later said they heard “lots of laughing” coming from the kitchen area where Mr Duffy and his colleague were working. A complaint was made after it was noticed that the sausage rolls which had been disposed of were no longer in the bin.

CCTV footage reviewed by the company was said to show Mr Duffy removing food items from a bin. The footage suggested the sausage rolls were then plated and reheated by him, before being served to customers by another crew member. Both staff were suspended while LNER investigated a suspected breach of food hygiene standards.

During an investigatory meeting on 17 May 2023, Mr Duffy described himself as “a person who goes over and beyond for the customer”. He told the panel:

"I clearly took them out as there were none left for people in first class, but they were wrapped in foil. We had totally run out. I have just gone too far for the customer in my mind."

Mr Duffy was dismissed in July 2023 after being found to have committed gross misconduct. He later brought claims of unfair dismissal and discrimination, telling a tribunal in August that he suffered from anxiety and depression. A union representative also said he had experienced a condition known as transient global amnesia on the day of the incident.

However, a judge at the Newcastle tribunal ruled that LNER had acted reasonably. In written reasons published on Wednesday, the judge said Mr Duffy’s actions did not arise as a consequence of any disability.

Image: LNER