Warehouse operative dismissed for hand washing breach: Greggs' food safety dismissal upheld
A tribunal has upheld the dismissal of a warehouse operative with three years' service who washed her hands for less than five seconds, ruling that Greggs' decision was within the range of reasonable responses.
1 min read · Last updated 18 May 2026
Case details
- #food-safety-breach
- #hand-washing-procedure
- #gross-misconduct
- #clean-disciplinary-record
- #covid-variant-concerns
Key facts
- The claimant was employed as a Warehouse Operative from 4 March 2019 until 17 January 2022.
- On 14 December 2021, the claimant was seen by a team leader to wash her hands for less than 5 seconds.
- The claimant had received training on hand washing procedures and signed a declaration acknowledging that failure to comply could lead to dismissal.
- The respondent dismissed the claimant for gross misconduct for breaching food safety procedures.
- The claimant had a clean disciplinary record prior to the incident.
- The tribunal found that the respondent held a genuine belief in the claimant's misconduct after a reasonable investigation.
Timeline
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Employment started
Claimant began employment as a Warehouse Operative at Greggs Plc.
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Induction training
Claimant completed induction training covering hand washing procedures and signed a declaration.
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Hand washing refresher
A 5-minute training session on hand washing was delivered to the claimant.
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Complaint about team leader
Claimant made a complaint about team leader Mr Duodu, stating he made her feel uncomfortable.
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Grievance outcome
Grievance not upheld; Mr Duodu agreed to speak only about work matters.
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Hand washing incident
Claimant entered the warehouse without washing hands; instructed by Mr Duodu to wash, but did so for less than 5 seconds.
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Investigation meeting invitation
Claimant invited to investigation meeting on 24 December 2021.
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Investigation meeting
Claimant explained she forgot to wash hands initially but did so when asked; apologised.
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Disciplinary hearing invitation
Claimant invited to disciplinary hearing and sent investigation notes and witness statements.
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Disciplinary hearing and dismissal
Hearing took place; claimant dismissed for gross misconduct for breaching food safety procedures.
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Dismissal letter
Claimant received written outcome of dismissal.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for misconduct after she failed to follow hand washing procedures, and whether she was entitled to notice pay and holiday pay.
The outcome
The tribunal dismissed all claims, finding that the dismissal was fair and the respondent had acted reasonably.
- The claimant was dismissed for gross misconduct after washing her hands for less than five seconds, breaching food safety procedures.
- The tribunal found that Greggs had a genuine belief in the misconduct based on a reasonable investigation, and dismissal was a proportionate response.
- Claims for notice pay and holiday pay were also dismissed as the claimant was not entitled to notice due to gross misconduct and had been paid all holiday pay.
Lessons & takeaways
- Even a single breach of a critical safety procedure can justify dismissal, especially in industries like food handling where hygiene is paramount.
- A clean disciplinary record does not automatically protect against dismissal for gross misconduct if the breach is serious enough.
- Employers should ensure they have clear policies and training on safety procedures, and that employees acknowledge the consequences of non-compliance.
When a moment's lapse costs a job
A warehouse operative with three years of service at Greggs Plc was dismissed after a team leader observed her washing her hands for less than five seconds before entering the warehouse. The incident occurred on 14 December 2021, during a period when concerns about a new COVID variant were high. The claimant had received training on hand washing procedures and had signed a declaration acknowledging that failure to comply could lead to dismissal.
What the tribunal considered
The tribunal examined whether Greggs had followed a fair process. The investigation was prompt, the claimant was given an opportunity to explain, and the disciplinary hearing considered her clean record and apology. However, the employer concluded that the breach of food safety procedures was gross misconduct. The tribunal found that Greggs held a genuine belief in the misconduct after a reasonable investigation, and that dismissal was within the range of reasonable responses for a food business.
What the losing side could have done differently
The claimant argued that the team leader had a grudge against her, but the tribunal noted that her grievance about him had been dealt with months earlier. She also pointed out that other employees had not been dismissed for similar breaches, but the tribunal accepted that the employer had not been aware of those instances. The key lesson is that in safety-critical roles, a single failure can be fatal to the employment relationship, especially where the employee has been explicitly warned of the consequences.
Why this matters
This case underscores the importance of following safety protocols in industries where public health is at risk. Employers are entitled to take a strict approach to breaches of hygiene rules, provided they follow a fair procedure. For employees, it highlights that even a momentary lapse can have serious consequences, and that a clean record may not be enough to save a job if the breach is considered gross misconduct.
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