Nestle worker sacked for ‘vaping in toilet’ wins £22k compensation

• A former Nestle worker, Luke Billings, has been awarded over £22,000 after an employment tribunal ruled his dismissal for allegedly vaping in work toilets was disproportionate.
• Mr Billings, who had an “unblemished career” since 2012, was sacked in October 2023 for alleged gross misconduct, which he denied.
• The tribunal acknowledged that Nestle had reasonable grounds to suspect that Mr Billings was vaping but deemed the dismissal unreasonable, especially as it was primarily based on his failure to apologise.
• It said that there was no clear rule stating vaping in toilets constituted gross misconduct, and Nestle did not give Mr Billings' prior good conduct enough credit.
• A claim of disability discrimination was not upheld.