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Glasgow Live
Glasgow Live
National
Laura Ferguson

Man wins £5k payout after being sacked for complaint over only getting 3 chicken nuggets for lunch

An HR adviser has received a payout of more than £5,000 after being fired over a row about chicken nuggets.

Airdrie worker Steven Smith was dismissed after complaining of only getting three chicken nuggets for lunch.

The 30-year-old has now won £5,181.60 after an employment tribunal ruled in his favour that he was unfairly dismissed by his employer.

The incident happened on September 27, 2019 when Mr Smith visited the canteen and requested chicken nuggets, chips, beans and cheese. He objected to the number of nuggets he received, and claimed other colleagues had received more.

Mr Smith then informed the canteen worker "if I wanted a happy meal I would go to McDonald's" and refused to take the food.

The woman who served him the meal told the tribunal he had "forcefully" pushed the box of food away and "stormed off" leaving her "stomach churning".

Her statement read: "I advised Steven he could have an additional three chicken nuggets for 99 pence and by this time he was at the till. He told me no. He had a cheese pot in his left hand and I placed the box in front of him.

"He at this point said 'I’m not a kid. You can keep it' and forcefully pushed the box back at me and he them stormed off. Megan then advised me to report what had happened."

She continued: "I knew he was angry by his attitude and by his tone and language changed. He was not shouting but he was louder than he had previously been. I could tell by his face also. My stomach was churning at this.”

However, Mr Smith disputed this, saying he “slid the box back” and adding “she should have declared there was only three chicken nuggets before giving me it. Other people were getting four or five".

He also claimed that he went to get the food as he takes medication and had been working overtime, on a 12-hour shift.

The incident was reported to the company and Mr Smith was later sacked under the grounds of gross misconduct, claiming he had acted "violently".

However, the employment tribunal, held remotely, ruled in Mr Smith's favour, stating: "Having carefully reflected upon this and considered the evidence led before the Tribunal I have concluded that the respondent’s investigation fell outwith the range of responses open to a reasonable employer."

The firm has now been ordered to compensate the £5,181.60 to Mr Smith.

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