Worker accused of vaping in Nestle factory toilets wins £22k tribunal payout

A worker who was sacked by Nestle for allegedly vaping in the toilets has been awarded more than £22,000 by an employment tribunal. Luke Billings had worked as a technical operator at the Swiss food company's facility in Hatton, near the Derbyshire-Staffordshire border, since August 2012 before being dismissed for alleged gross misconduct in October 2023. Billings denied vaping in the toilets - an incident which led to a full evacuation and the factory temporarily stopping production - but was deemed by bosses to be lying after an investigation. The tribunal said it was "disproportionate" to dismiss him for what it described as "a single isolated act in [an otherwise] unblemished career". In its report on its findings, the tribunal said Billings had been off sick from June 2022 to August 2023 due to depression and was on a phased return at the time of his dismissal. Billings said he was treated differently compared to another employee subject to similar disciplinary proceedings at the time due to his disability, and claimed there was a "pre-determined" decision to dismiss him. Discrimination on the grounds of disability was not proven, with the panel finding the decision to not dis