A train worker has been dismissed for gross misconduct after he served first-class passengers sausage rolls he had retrieved from a kitchen bin, a tribunal has ruled.
The Incident on the LNER Service
The extraordinary event took place on a London North Eastern Railway (LNER) service departing from York on May 7, 2023. Two passengers in first class had requested the pastry item. According to evidence presented at an employment tribunal in Newcastle, the host, Peter Duffy, was accused of taking the sausage rolls from a bin, plating them, and reheating them before they were served.
The discovery was made by a concerned colleague. This staff member had been in the kitchen with another host when Mr Duffy told them the sausage rolls had just been thrown away. However, after finishing his own food, the colleague went to dispose of his rubbish and noticed the kitchen bin was completely empty, with no sign of the discarded pastries.
The tribunal heard that the colleague reported hearing "lots of laughing" from the kitchen where Mr Duffy was based with a female colleague. Shortly afterwards, a first-class host took the reheated sausage rolls to Coach K for the unsuspecting customers.
The Investigation and Defence
During an investigatory meeting held ten days later, Peter Duffy admitted his actions but offered an explanation. He stated he was "a person who goes over and beyond for the customer" and claimed the items were wrapped in foil. "We had totally ran out, I have just gone too far for the customer in my mind," he said.
Mr Duffy, who said he was suffering from anxiety and depression at the time, argued he was just trying to do his best for the passengers. A union representative suggested he had experienced a recognised medical condition that day known as transient global amnesia, a sudden, temporary loss of short-term memory.
The female colleague present denied seeing Mr Duffy retrieve the food from the bin. She claimed the laughter heard was because she had farted. However, the tribunal judge found her evidence to be unreliable and likely self-serving. CCTV footage reviewed by LNER appeared to show Mr Duffy taking the items from the bin in her presence.
Tribunal Ruling and Dismissal
LNER found that Peter Duffy had committed gross misconduct and dismissed him in July 2023. He subsequently brought claims of unfair dismissal and disability discrimination to an employment tribunal in August 2025.
In a ruling delivered on a Wednesday in January 2026, the tribunal dismissed both of Mr Duffy's complaints. The judge concluded that LNER had acted reasonably in its decision to dismiss him. It was also decided that the actions leading to his dismissal were not a consequence of any disability.
This case highlights the severe consequences of breaching food safety and hygiene protocols, even when employees claim to be acting with customer service in mind.
