Summary dismissal over hamburgers: a costly decision

At a meat wholesaler, an employee took hamburgers on several occasions without registering or paying for them. His employer dismissed him with immediate effect. According to the subdistrict court, this went too far in the circumstances.

The employer invoked a zero-tolerance policy, but failed to demonstrate sufficiently that this had been clearly communicated and consistently enforced. For example, the posters in the canteen did state how staff were to order products, but did not specify that breaching those rules could have consequences, nor what those consequences might be.

Furthermore, statements from employees revealed a different practice: products were regularly nibbled on or leftover meat was shared out, whilst the employer was aware that other employees were also taking products without registering them. According to the subdistrict court, there was therefore no question of a strictly and consistently applied zero-tolerance policy.

Personal circumstances were also taken into account. The employee was 64 years old and had apparently been working for the company to the employer’s satisfaction for 25 years. According to the employment tribunal judge, the employer could have made do with a less severe sanction, such as a warning. The summary dismissal was therefore upheld.

The employee accepted the termination of his employment, but was awarded over € 246,000 gross in severance pay. Of this, nearly € 160,000 gross consisted of fair compensation, based in part on the expected loss of income and pension benefits up to his retirement. This was supplemented by arrears of wages, holiday pay and holiday hours, with a 50 per cent statutory increase. Interest and legal costs were also borne by the employer.

This ruling demonstrates once again that a strict policy on paper is not enough. Rules must be clear, regularly brought to employees’ attention and consistently applied in practice.

The holidays are over, diaries are filling up and everyone is back at work. So this is a good time not only to switch the coffee machine back on, but also to dust off your staff regulations. Are your internal rules still up to date, clear and in line with actual practice? Curious to find out what we can do for you? Our employment law team is here to help.

You can read the ruling here.