Witchery was right to sack chef, says tribunal

14 February 2002 by
Witchery was right to sack chef, says tribunal

A chef was fired from his job at an Edinburgh restaurant for throwing and kicking pans across the kitchen, an employment tribunal has ruled.

Euan Clinkscale, sous chef at the city's Witchery by the Castle restaurant, denied that the incidents happened as described and said that he was unfairly sacked. The Edinburgh tribunal rejected his case and ruled that his sacking, on the grounds of gross misconduct, was reasonable.

The allegations against Clinkscale included spitting into the shoes of a colleague, kicking a pan across the kitchen, blunting the knives of another chef and throwing a pan across the kitchen, narrowly missing a waitress.

Clinkscale argued that the incidents involving kicking and throwing pans were minor and could not be treated as gross misconduct.

James Thomson, owner of the restaurant, rejected his appeal, pointing out that his actions compromised the health and safety of other employees.

The tribunal said: "We consider that the respondent's decision to dismiss the applicant was one which fell within the band of responses open to any reasonable employer."

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