Julian Oxborough, a long-serving employee at Lidl’s Wincanton store, was dismissed after drinking a bottle of water worth just 17p without paying for it. The incident led to an employment tribunal that ultimately ruled in favor of Lidl, rejecting Oxborough’s claim of unfair dismissal.
On July 19, 2024, Oxborough assisted a customer purchasing a bottle of water from a multipack that did not have a barcode. The customer swapped this bottle for one with a barcode and left the original bottle at the checkout. Later that day, Oxborough drank from the bottle and refilled his own drink while continuing to serve customers.
The following day, a store manager discovered the abandoned bottle by the checkout and suspected it had been consumed in violation of store policy. CCTV footage confirmed Oxborough’s involvement, leading to his suspension pending an investigation into alleged gross misconduct.
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During the investigation, Oxborough explained he felt dehydrated during his shift and was concerned about his health. He admitted to not paying for the water, believing it could be written off, as he had previously observed bottled water in the staff canteen without receipts. He also mentioned he was rushing to finish his shift and might have forgotten to have the bottle accounted for properly.
Oxborough maintained he had no intention to be dishonest but acknowledged that drinking the water without payment was a mistake. He described feeling tired, stressed, and unwell, with added worry about Covid exposure from his partner.
Karina Moon, the area manager and disciplinary officer, told the tribunal that Oxborough’s explanations were inconsistent and noted he had not come forward voluntarily within four days of the incident. She also questioned why he hadn’t simply drunk tap water instead of using the multipack bottle.
Concluding there was no way to guarantee the behavior would not be repeated, Moon decided that dismissal was the only suitable course of action and classified it as summary dismissal for gross misconduct.
Judge Yallop upheld Lidl’s decision during the October 2025 hearing in Southampton, supporting the company’s stance and dismissing Oxborough’s claims of unfair dismissal.
A Lidl representative stated: “We never take dismissing a long-serving employee lightly. The tribunal has confirmed our actions were fair and properly executed.” The company also stressed its zero-tolerance policy concerning consumption of unpaid stock, highlighting its importance in ensuring consistent rules across the business.