Long-Serving Lidl Employee Dismissed Over 17p Water Bottle Incident
A Lidl employee with over a decade of service was summarily dismissed after drinking a 17p bottle of water while feeling dehydrated during his checkout shift, an employment tribunal has heard. Julian Oxborough, who worked at the Wincanton store, was terminated in July 2024 following the incident, which the supermarket classified as gross misconduct.
The Incident at the Checkout
The tribunal detailed that Mr Oxborough served a customer who wished to purchase a bottle of water taken from a multipack, which lacked a barcode. The customer exchanged it for a single bottle with a barcode, leaving the multipack bottle at the checkout. Julian subsequently drank from this bottle and used it to top up his own drink while continuing to serve customers.
The following day, a store manager discovered the bottle and initiated an investigation after reviewing CCTV footage. Mr Oxborough was suspended and faced allegations of gross misconduct for consuming unpaid stock.
Employee's Defense and Tribunal Findings
During the investigation, Julian explained he was dehydrated during his shift and concerned about his health, having made his squash too strong. He stated he believed the bottle could be written off, as he had seen single water bottles in the canteen without receipts. When asked if he paid for the water, he responded, "No, I think I may have forgot or can’t actually remember taking it."
He emphasized he had no intention of dishonesty, though acknowledged it was wrong afterward, and cited being tired, stressed, hot, thirsty, unwell, worried about Covid from his partner, and in a hurry to catch a bus at the end of his shift.
Area manager Karina Moon, the disciplinary officer, noted inconsistencies in his explanation and pointed out he had four days to come forward but did not. She concluded he knew the correct procedures and there was no assurance the behavior wouldn't recur, leaving dismissal as the only suitable action.
Tribunal Upholds Dismissal Decision
At a hearing in Southampton in October 2025, Employment Judge Yallop upheld Lidl's decision, dismissing Mr Oxborough's claims of unfair dismissal. The judge agreed the dismissal was fair, despite Julian's view that it was "a huge overreaction."
A Lidl spokesperson stated, "We would never take the decision to dismiss a long-serving colleague lightly, and the tribunal has upheld that our actions were fair and followed a thorough process. As a retailer, maintaining a consistent zero-tolerance approach to the consumption of unpaid stock is essential to our operations and ensures that clear rules are followed by everyone across the business."
This case highlights the strict enforcement of supermarket policies on stock consumption, even in minor instances, and underscores the legal standards for gross misconduct in employment disputes.
