A factory worker dismissed after a vaping incident that triggered a fire alarm has won more than £22,000 after a tribunal ruled his sacking was too harsh.
Luke Billings, a technical operator at Nestlé UK, the food and drinks manufacturer, was dismissed for gross misconduct after an alarm was set off at its coffee plant in Tutbury, Staffordshire, forcing an evacuation and halting production.
An employment tribunal accepted that the company had genuine concerns about his conduct but ruled that the decision to dismiss him went beyond what a reasonable employer would have done.
Tribunal says dismissal went too far
The panel found that Nestlé had reasonable grounds to believe Billings had been vaping in a disabled toilet and accepted that a full investigation had taken place.
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But it said the final decision to sack him was disproportionate. “We … find that the decision to dismiss fell outside the range of reasonable responses open to a reasonable employer”, the tribunal said.
It made clear that the dismissal was driven largely by his conduct during the disciplinary process rather than the incident itself. “Failing to apologise or to accept responsibility is not misconduct,” the judgment stated.
Long service and context overlooked
The tribunal said greater weight should have been given to his employment record, noting that the incident was not part of a wider pattern of behaviour. “This was a single isolated act in another unblemished career,” the panel said.
Billings had worked at the site for more than a decade, and the tribunal found that his length of service should have been treated as a mitigating factor.
“There was no or insufficient credit for the fact that there had been no prior misconduct. There is no clear rule or warning that vaping in the toilets will be deemed an act of gross misconduct. A reasonable employer would have made it clear that such conduct will be deemed gross misconduct.”
Compensation reduced due to conduct
Despite ruling in his favour, the tribunal found that Billings had contributed to his own dismissal.
It said he would have known that vaping was not permitted on site and that his actions led to disruption, including the evacuation and loss of production.
As a result, his compensation was reduced by 50 percent. He was awarded £22,216.72, covering lost earnings, pension losses and statutory rights.
Billings also brought a claim for disability discrimination after returning from a period of sick leave linked to depression. He argued he had been treated more harshly than another employee who committed a health and safety breach but received a final written warning.
The tribunal rejected this, finding that the difference in treatment was due to his failure to admit wrongdoing rather than his disability.
The ruling adds to a growing number of tribunal cases examining how employers balance safety concerns, honesty and proportionality when deciding whether dismissal is justified.
William Furney is a Managing Editor at Black and White Trading Ltd based in Kingston upon Hull, UK. He is a prolific author and contributor at Workplace Wellbeing Professional, with over 127 published posts covering HR, employee engagement, and workplace wellbeing topics. His writing focuses on contemporary employment issues including pension schemes, employee health, financial struggles affecting workers, and broader workplace trends.
- William Furney
- William Furney
- William Furney
- William Furney
