Greggs manager sacked for crossing out food use-by dates wins unfair dismissal ... trends now
A Greggs manager who was sacked for crossing out food use-by dates with a black marker pen has won her claim for unfair dismissal.
Rosario Lino was hauled to a disciplinary hearing after a surprise inspection found tuna crunch and chicken mayo containers with their expiry dates 'blocked out'.
The site manager at the popular bakery chain claimed she had marked the items with marker pen to show staff which food needed throwing out.
But she was sacked by bosses who accused her of avoiding disposing of the food to cover her own back and prevent waste figures at the bakery branch in Braywick, Maidenhead, from 'looking poor'.
The Gregg's site manager sued her employers and her claim of unfair dismissal was upheld because of flaws in the disciplinary procedure. Although she was not handed any compensation as she was found to be 'culpable' for her dismissal.
A Greggs manager who was sacked for crossing out food use-by dates with a black marker pen has won her claim for unfair dismissal (Stock image)
Rosario Lino was hauled to a disciplinary hearing after a surprise inspection at the bakery branch in Braywick, Maidenhead, (pictured) found tuna crunch and chicken mayo containers with their expiry dates had been 'blocked out'
The Manchester employment tribunal heard Ms Lino began working at the Braywick Greggs as a bakery assistant in 2015. After some four years, the Spanish employee was promoted to site manager.
The tribunal were presented with food safety documents which stated that any out of date stock must be removed and disposed of 'immediately'.
On 30 December 2020 a random food safety check was undertaken at the site by a regional manager.
The hearing was told he found chicken in a storage container without a label to show when it needed to be used by.
He also found a 'chicken mayo container' and a 'tuna crunch container' with use by dates that had been 'entirely blocked out using black marker pen'.
An additional package of lettuce - with a use by date of December 28 - also had the timestamp blocked out with black marker pen, although the date was still visible.
Employment Judge Phil Allen said: 'It was not in dispute that marking out-of-date food with a black marker was not part of [Greggs'] procedures.
'It was also not disputed by [Ms Lino] when it was put to her, that the matters identified might have resulted in the store being closed if they had been identified by inspectors.'
Ms Lino began working at the Braywick Greggs as a bakery assistant in 2015 (Stock image)
The site manager accepted that she had drawn the 'black pen marks' on the items but insisted she
