Train worker dismissed after serving passengers food retrieved from bin, tribunal rules

A train employee who was dismissed after first-class passengers were allegedly served sausage rolls taken from a bin has said he was simply trying to “go above and beyond for the customer.”

Peter Duffy, a staff member with London North Eastern Railway (LNER), faced allegations that he retrieved discarded sausage rolls, which were then reheated and served to passengers by a colleague. Another crew member raised concerns after noticing the missing items and hearing laughter from the kitchen.

The incident occurred on 7 May 2023, during a service departing from York, when two first-class passengers requested sausage rolls. A fellow staff member reported that some rolls had been discarded, and later observed activity in the kitchen that prompted a complaint.

CCTV footage reportedly showed Mr Duffy handling the food before it was served to passengers. Both he and a colleague were suspended while LNER investigated the potential breach of food hygiene standards.

At an investigatory meeting on 17 May 2023, Mr Duffy defended his actions, saying: “I clearly took them out as there were none left for people in first class. We had totally run out. I have just gone too far for the customer in my mind.”

Following the investigation, LNER concluded that Mr Duffy’s conduct amounted to gross misconduct, and he was dismissed in July 2023.

Mr Duffy later brought a claim of unfair dismissal and alleged discrimination at a tribunal in Newcastle, citing anxiety, depression, and transient global amnesia, a temporary short-term memory condition. However, the tribunal ruled that his actions were not related to any disability and upheld LNER’s decision as reasonable.