Respondent won Employment Tribunal · 12 October 2022

Senior winemaker dismissed after £500,000 wine fault: a fair capability decision

A senior winemaker with nine years' service was fairly dismissed after a faulty vintage caused a £500,000 loss. The tribunal upheld the employer's decision, finding a reasonable investigation and genuine belief in gross negligence.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • Mr Medard was employed as Senior Winemaker from 2012 until his summary dismissal on 5 March 2021.
  • The 2017 Classic Cuvee vintage was found to be faulty due to incorrect mixing of sugar before bottling.
  • An investigation by Tony Milanowski concluded that Mr Medard had been grossly negligent in the mixing, testing, and record-keeping processes.
  • The faulty wine caused a cash flow loss of approximately £500,000, representing one third of annual turnover.
  • Mr Medard admitted a mistake in mixing but disputed the severity and blamed others.
  • The employer dismissed Mr Medard for capability reasons, believing he had made a series of serious errors and failed to take responsibility.

Timeline

  1. Employment started

    Mr Medard was hired as Senior Winemaker at Rathfinny Wine Estate.

  2. Restructure introduced new manager

    A Winery Manager, Tony Milanowski, was recruited above Mr Medard, causing disagreement.

  3. Dispute over record-keeping

    Mr Medard disagreed with colleagues about recording wine additions, but did not raise formal concerns.

  4. 2017 vintage problems discovered

    The 2017 Classic Cuvee was found to have pressure issues, making it unsaleable.

  5. Investigation report completed

    Tony Milanowski produced a report concluding gross negligence by Mr Medard.

  6. Disciplinary hearing invited

    Mr Medard was invited to a disciplinary hearing, later postponed to 23 February.

  7. Disciplinary hearing held

    Mr Medard attended the hearing, disputed the report, and admitted a mistake.

  8. Summary dismissal

    Mr Everett dismissed Mr Medard summarily for gross negligence.

  9. Appeal hearing held

    Ms Driver heard Mr Medard's appeal and obtained a second opinion from Mr Rabagliati.

  10. Appeal dismissed

    Ms Driver upheld the dismissal and rejected the appeal.

The outcome

The tribunal dismissed the claim, ruling that Rathfinny Wine Estate acted fairly.

Key reasons:

  • The employer carried out a thorough investigation, including an expert report from the winery manager.
  • The employer honestly believed the winemaker was grossly negligent in mixing, testing, and record-keeping.
  • The decision to dismiss was within the range of reasonable responses for a senior employee whose error caused a £500,000 loss.

No compensation was awarded as the claim failed.

Lessons & takeaways

  • Employers should ensure they carry out a reasonable investigation before dismissing for capability, including obtaining expert reports where relevant.
  • Senior employees with significant responsibility can be fairly dismissed for a single serious error if it causes substantial financial harm.
  • Disputes over management restructuring do not excuse an employee from following proper procedures in their core role.
  • Admitting a mistake does not automatically make a dismissal unfair if the employer reasonably believes the error was due to gross negligence.

A costly error in the winery

This case shows how a single production error can have devastating financial consequences and lead to a fair dismissal. The senior winemaker, who had worked at Rathfinny Wine Estate for nine years, was responsible for overseeing all winemaking. When the 2017 Classic Cuvee was found to be faulty due to incorrect sugar mixing before bottling, the resulting loss of approximately £500,000 — a third of annual turnover — was catastrophic for the business.

What the employer did right

Rathfinny conducted a detailed investigation led by the winery manager, who produced a report concluding that the winemaker had been grossly negligent in the mixing, testing, and record-keeping processes. The winemaker admitted a mistake but blamed others and disputed the severity. The employer held a disciplinary hearing, considered the winemaker's responses, and decided on summary dismissal. An appeal was heard by a director, who obtained a second independent opinion before upholding the decision.

The tribunal found that this process met the Burchell test: the employer had an honest belief in the allegations, reasonable grounds for that belief, and had carried out a reasonable investigation. The decision to dismiss was within the range of reasonable responses, given the seriousness of the error and the seniority of the role.

What this means for similar claims

For employees in senior positions, the bar for a fair dismissal can be lower when the consequences of an error are severe. Employers who follow a thorough investigation process and obtain expert evidence are likely to be protected from unfair dismissal claims. This case also highlights that admitting a mistake does not automatically make a dismissal unfair — the key is whether the employer's belief was reasonable in the circumstances.

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