Tribunal rejects chef's unfair sacking claims

A Shrewsbury employment tribunal has rejected a claim for unfair dismissal from a hotel chef who was fired after he was accused of spitting in a meal prepared for one of the bosses.

David Burns, 49, denied spitting in a meal prepared for Franco Subbiani, who part-owns the family-run, three-star Albright Hussey hotel along with his wife, Vera, and son, Paul.

Burns also denied bullying a "vulnerable and timid" sous chef, Stephen Garrett, by burning his neck with a hot teaspoon and later with a hot oven tray, as well as tweaking hair at the back of his neck.

Burns said he thought this was just harmless horseplay.

He claimed he had been unfairly dismissed from his £23,500-a-year job. He said the charges had been "trumped up" because he was the hotel's highest-paid employee and "they needed to get rid of me because of the money I was costing them".

Paul Subbiani said he had been told about the incidents by a member of his kitchen staff while Burns was on holiday.

Burns was suspended on his return and summarily dismissed after a disciplinary hearing.

He claimed the incidents involving Garrett were part of normal kitchen banter. "He once put salt in my tea," he told the tribunal.

"I accept that the teaspoon incident was a stupid, childish prank on the spur of the moment, and it caused him some pain and surprise, which I regretted, but we had a laugh about it later and I was under the impression Stephen treatedit as trivial horseplay," the chef added.

However, the tribunal ruled that the owners had not acted unreasonably in sacking Burns for gross misconduct, and rejected his claim.

by Brian Binnersley