A single mum working as a cleaner at a top London law firm was sacked after eating a leftover tuna sandwich from the kitchen.
Gabriela Rodriguez swiped the £1.50 snack left on a platter in the offices for Devonshire solicitors. The impulsive decision led to the 39-year-old being accused of theft by the contracted company she worked for, ultimately terminating her employment which she relied on to support her 10-year-old daughter.
Total Clean, who posted profits of £1.6million last year, told Ms Rodriguez the theft had "irrevocably destroyed" their trust by eating the sandwich. The mum, a migrant worker on £13.08 an hour, tried to appeal the decision but to no avail.
Now union bosses have slammed Total Clean's decision, describing it as "beyond the realms of reasonableness and comprehension". Ms Rodriguez had had an "impeccable record" in her £13.08 per hour job after working there for two years, UVW Union for migrant workers said, and had genuinely believed she was allowed to eat the food which had been left over from a corporate event.
In an appeal letter fighting for her job, the union wrote there were "various full trays of leftover sandwiches that had been laid out for staff to eat" when she took the food. "Gabriela understood she was also allowed to eat this food."
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"It is so incredibly far beyond the realms of reasonableness and comprehension to dismiss an employee for eating a leftover tuna and cucumber sandwich. We now understand that the privilege of eating leftover sandwiches perhaps does not extend to the outsourced migrant workforce in the building."
Union bosses have slammed the decision (@unitedvoicesoftheworld/INSTAGRAM)The decision to sacked Ms Rodriguez on the grounds of taking "client property...without authority or reasonable excuse" prompted campaigners to protest outside the law firm's office armed with cans of tuna and sandwiches. Protesters held signs reading, "sacked for a sandwich?" and "we are not the dirt - we clean".
UVW general secretary Petros Elia said: "Cleaners are routinely dismissed on trivial and, we argue, discriminatory, grounds like this every day around the country. Many describe feeling treated like the dirt they clean, and Gabriela is one of them.
"She was dismissed by Total Clean but the law firm should not have complained in the first place. They wouldn’t have complained were it anyone else who had eaten a sandwich - and definitely not if it was a lawyer."
Following an investigation, Gabriela was told by Total Clean's head of operations, Graham Petersen: "At the hearing your explanation was that you found a sandwich in the kitchen near the end of your shift and took it without giving it a second thought. You stated that previously the client had left food in the kitchen and offered it out, so you thought it was fine.
"I considered your explanation to be unsatisfactory because you confirmed that no one had offered you the food in the kitchen but decided to take it anyway. I have decided that your conduct has resulted in a fundamental breach of your contractual terms which irrevocably destroys the trust and confidence necessary to continue the employment relationship."
The union is now helping Gabriela take legal action alleging unfair dismissal and discrimination. In a statement, Total Clean accused UVW and Gabriela of "misleading and inaccurate information" but declined to specify.
The company said: "It is important to us to maintain the integrity of our workforce and service by ensuring we deal appropriately with any actions that undermine the hard work and reputation of our incredible team who conduct themselves impeccably. Trust and honesty is of paramount importance. "All steps taken have been in accordance with UK employment law following the proper investigative and disciplinary process. We will be making no further comment on the matter."
Devonshires, whose highest-paid member received £1.68 million in 2023, said it had not asked Total Clean to take action against Gabriela.
A spokesman said: “Devonshires did not make a formal complaint against Gabriela and expressly told Total Clean not to take any against her. Total Clean carried out their own investigation and the decision to dismiss Gabriela was taken without any input or influence from Devonshires whatsoever.
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“This is a private matter between Total Clean and Gabriela but we have made clear to Total Clean that we would not object, as we never have done, to Gabriela attending and working on our premises if Total Clean changes its position.”
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