Sacked for eating leftover sandwich, woman takes ex-employer to court

A woman was fired from her cleaning job for eating a leftover sandwich (Representational image)

A woman is taking legal action against the cleaning company that employed her after she was fired for eating a leftover sandwich. According to the Guardian, Gabriela Rodriguez, 39, worked for Total Clean, an agency that specialises in office cleaning and commercial cleaning.

For two years, Rodriguez cleaned the offices of Devonshires Solicitors. However, she was reportedly dismissed from her job shortly before Christmas 2023 for eating a sandwich leftover from a lawyers’ lunch.

Rodriguez, who is from Ecuador, ate a tuna sandwich that was destined for the dustbin. It was earlier reported that Total Clean received a complaint from Devonshires saying leftover sandwiches were not returned. However, it has since been revealed that the law firm did not request action against Rodriguez.

Total Clean boss Graham Peterson sent Rodriguez a letter of dismissal. Its contents were revealed by the Daily Mail.

“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,” the letter read.

“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.”

Rodriguez has since taken Total Clean to court. She is being supported by United Voices of the World union (UVW), which fights for the rights of migrant workers.

300 tuna sandwiches and 100 cans of tuna. That’s what we brought to city law firm, Devonshire Solicitors, to protest the sacking of Gabriela, an outsourced migrant cleaner and UVW member on grounds of "theft" of a £1.50 Tesco tuna sandwich.#tunagate pic.twitter.com/9Z7Cil69Ws

— United Voices of the World (@UVWunion) February 19, 2024

“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,” UVW general secretary Petros Elia pointed out.

However, a spokesperson for the law firm said the decision to fire Rodriguez “was taken without any input or influence from Devonshires whatsoever.”