Former Wetherspoon Manager Wins Tribunal After Dismissal Over Discount

A former manager at a JD Wetherspoon pub has successfully challenged his dismissal after being terminated for granting a colleague a discount on food items. Peter Castagna-Davies, who served as a shift leader for over 22 years at the Pontlottyn pub in Abertillery, South Wales, faced termination due to his decision to apply a 50 percent discount on two portions of halloumi fries, chicken breast bites, and energy drinks for kitchen worker Noah Gardiner.

The incident occurred on January 31, 2024, when Mr. Castagna-Davies processed the order at approximately 20:04. An internal investigation by Wetherspoon determined that he had violated company policy by allowing Mr. Gardiner to purchase “excessive products” at a discounted rate, which included taking the food home. Despite his lengthy and unblemished tenure, Mr. Castagna-Davies was dismissed by disciplinary chairman Chris Jenkins, who expressed concern over the lack of oversight during the shift.

According to testimony during the tribunal, Mr. Gardiner had previously used another manager’s till key to process a separate free meal just minutes before Mr. Castagna-Davies applied the discount. This lack of communication raised questions about managerial responsibility on the shift. As Mr. Jenkins noted, “I find this both worrying and surprising that, as the duty manager with so few staff to manage on the shift in question, you had no knowledge or control over what was going on.”

The tribunal also revealed that two months prior to the incident, Wetherspoon had reinforced its food discount policy, restricting employees to one free item and one soft drink during shifts. Staff wishing to purchase additional items could do so at half price, while a discount of only 20 percent applied to food taken home. Sarah Newton, the manager of the Pontlottyn pub, had previously warned staff about the potential consequences of abusing the discount system, citing instances in other locations where employees faced disciplinary action for similar abuses.

The tribunal heard from Wetherspoon’s witnesses that the company had adopted a “corporate zero-tolerance attitude” toward staff discount misuse due to significant costs incurred. The IntelliQ system used by the company flagged the transaction shortly after it was processed, raising suspicions about potential fraud.

Mr. Castagna-Davies expressed disappointment over the incident, admitting that he may have mistakenly applied the wrong discount. He stated he was unaware that Mr. Gardiner intended to take the food home. During the investigation, Mr. Gardiner admitted to having taken home the food processed by Mr. Castagna-Davies, despite initially claiming to have cooked the food himself.

Following his dismissal, Mr. Castagna-Davies appealed the decision, presenting evidence from four witnesses to support his claim that Mr. Gardiner had acted deceptively. Nevertheless, Wetherspoon’s area manager, Dannie Stephens, upheld the dismissal, asserting that Mr. Castagna-Davies had failed to adequately manage his shift.

Judge Rachel Harfield, presiding over the tribunal, remarked on the importance of trust within the staff discount system. She concluded that while Mr. Castagna-Davies had indeed made a mistake, it did not constitute gross incompetence or negligence warranting dismissal.

In her judgment, she stated, “There was no weighing of the actual seriousness of the claimant’s actions in their actual context. It was one incident on one shift that he could have managed better.” Judge Harfield emphasized that the decision to uphold the dismissal was not reasonable and rendered the termination unfair.

The tribunal has yet to determine the compensation owed to Mr. Castagna-Davies, but Judge Harfield encouraged both parties to seek a settlement before a remedy hearing takes place. This case highlights the complexities surrounding employee discount policies and managerial accountability within large organizations.