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McWorker loses McJob for gross McConduct

BY Gerry O'Hare
Employment Law & HR
BG Purple

A former McDonald’s worker who claims she lost her McJob for being too generous with the chocolate sprinkles on a McFlurry is taking her unfair dismissal case to an employment tribunal.

Ms Finch alleges that she was sacked for gross misconduct after she was seen putting extra topping on a colleague’s 99p ice cream dessert.  Ms Finch has given a statement that she was sacked because she was stealing food.  She said: “The matter was trivial, in that I provided a fellow employee, who was purchasing a dessert, a generous sprinkling of chocolate pieces. There is no standard for such measures – they are always imprecise and will vary among customers. My colleague asked me, ‘Make it a nice one’, so the measure I gave erred on the side of more than, rather than less than, the mean.”

Ms Finch has brought her claim for unfair dismissal against McDonald’s franchisee Lonetree.  Lonetree’s managing director has defended the dismissal on the basis that “she admitted giving away food to someone without receiving payment. This is classed as gross misconduct as per my employee handbook. This is and always has been a dismissible offence in my business.” 

We await the decision as to whether or not this was a fair McDismissal with bated breath.

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