Lidl Employee's Unfair Dismissal Claim Dismissed After Water Bottle Incident
An employment tribunal has dismissed the claim of a former Lidl employee who was fired for drinking a 17p bottle of water while working at the checkout. The tribunal heard that Julian Oxborough consumed the water because he felt dehydrated during his shift.
The Incident at the Checkout
On July 19, 2024, Mr Oxborough was serving a customer at the Lidl store in Wincanton, Somerset. The customer wanted to purchase a bottle of water that had been taken from a multipack and lacked a barcode. After swapping it for a barcoded bottle, the customer left the original multipack bottle at the checkout.
Later that day, Mr Oxborough drank from the bottle and used it to top up his own drink while continuing to serve customers. The following day, a store manager discovered the bottle beside the checkout and suspected it had been consumed against store policy.
Investigation and Disciplinary Process
CCTV footage was reviewed, and Mr Oxborough was invited to a meeting where he was suspended pending an investigation into allegations of gross misconduct. During the investigation, Mr Oxborough explained that he was feeling dehydrated during his shift and was concerned about his health.
He stated that he had not drunk from his own bottle because he had made his squash too strong. Mr Oxborough said he believed the multipack bottle could be written off, as he had seen single bottles of water 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."
Mr Oxborough, who had worked at the store for over ten years before his dismissal, admitted he was in a hurry at the end of his shift and forgot to get the water written off. He maintained he had no intention of being dishonest but acknowledged it was wrong afterward.
Disciplinary Decision and Tribunal Hearing
Area manager Karina Moon, who served as the disciplinary officer, told the hearing that Mr Oxborough had been inconsistent in explaining whether he intended to purchase the water or have it written off. She noted he did not explain why he did not get tap water instead of drinking the multipack bottle.
Ms Moon stated that Mr Oxborough had four days after the incident to come forward but did not do so. She concluded that he knew the correct procedures and that there was no assurance the behavior would not be repeated, leaving dismissal as the only suitable outcome.
At a hearing in Southampton in October 2025, employment Judge Yallop upheld Lidl’s decision, dismissing Mr Oxborough’s claims, including unfair dismissal. The judge found that Lidl had followed a thorough process and acted fairly.
Lidl's Statement and Zero-Tolerance Policy
A spokesperson for Lidl said, "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."
Mr Oxborough argued that his dismissal was a huge overreaction, citing factors such as being tired, stressed, hot, thirsty, unwell, worried about getting Covid from his partner, and in a hurry to catch a bus. However, the tribunal ruled that these circumstances did not justify the consumption of unpaid stock.
