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Peter Duffy, a former employee of London North Eastern Railway (LNER), was dismissed after allegations surfaced that first-class passengers had been served sausage rolls taken from a bin. Despite facing accusations, Mr. Duffy insisted that his actions were intended to “go over and beyond for the customer.” According to LNER, Mr. Duffy had retrieved sausage rolls from a bin, which were then reheated, plated, and served by a colleague onboard an LNER service departing from York.
The situation came to light when a fellow train crew member reported hearing laughter from the kitchen shortly before the food was served. This staff member also noticed that sausage rolls previously discarded in a bin had disappeared, prompting a formal complaint. Following an internal investigation, CCTV footage appeared to show Mr. Duffy removing food items from the bin before handling them again. Both Mr. Duffy and the colleague involved were suspended during the inquiry due to concerns about breaching food hygiene standards.
During an investigatory meeting, Mr. Duffy maintained that he had only taken the sausage rolls because there were none left for first-class passengers, explaining that the items were wrapped in foil. He acknowledged that while his intent was to satisfy customers, he might have “gone too far.” The railway company determined that his conduct constituted gross misconduct, leading to his dismissal in July 2023. At a subsequent tribunal, Mr. Duffy claimed that he had been suffering from anxiety and depression, with his union representative stating that he experienced transient global amnesia—a condition that causes temporary memory loss—on the day in question.
The tribunal, held in Newcastle in August, ultimately ruled in favor of LNER, concluding that the disciplinary action was justified. The judge made it clear that Mr. Duffy’s actions were not attributable to any disability. This decision dismissed claims of unfair dismissal and discrimination, affirming that the employer’s response was reasonable under the circumstances
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