A Lidl worker who spent more than a decade at the supermarket’s Wincanton branch was dismissed for gross misconduct after consuming a 17p bottle of water without payment whilst manning the checkout, an employment tribunal has heard.
Julian Oxborough claimed he was suffering from dehydration during his shift when he nicked the bottle in July 2024.
The long-serving employee subsequently brought an unfair dismissal claim against the retailer.
However, at a Southampton hearing in October 2025, Employment Judge Yallop ruled in favour of Lidl, upholding the company’s decision to terminate Mr Oxborough’s employment and rejecting his claim.
The incident occurred on July 19, 2024 when Mr Oxborough was serving customers at the till.
A shopper had attempted to purchase a water bottle taken from a multipack, but it did not have a barcode.
The customer exchanged it for a bottle with proper labelling and left the original at the checkout.
Later that same day, Mr Oxborough drank from the abandoned bottle and used it to top up his own drink while continuing to serve customers.
A Lidl worker who spent more than a decade at the supermarket’s Wincanton branch was dismissed for gross misconduct
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LIDL
The following day, a store manager spotted the bottle beside the till and suspected it had been consumed in violation of company policy.
CCTV footage was subsequently reviewed, leading to Mr Oxborough being summoned to a meeting where he was informed of his suspension pending a gross misconduct investigation.
During the investigation, Mr Oxborough explained that he had grown increasingly dehydrated during his shift and was worried about his wellbeing.
He stated he had avoided his own drink because he had prepared his squash with too much concentrate.
Julian Oxborough claimed he was suffering from dehydration during his shift when he drank from the bottle in July 2024
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GETTY
The employee maintained he believed the multipack bottle could simply be written off.
When asked whether he had paid for the water, Mr Oxborough replied: “No, I think I may have forgot or can’t actually remember taking it.”
Mr Oxborough insisted he harboured no dishonest intentions, though he acknowledged his actions were wrong in hindsight.
He described his dismissal as “a huge overreaction”.
Area manager Karina Moon, who oversaw the disciplinary proceedings, told the tribunal Mr Oxborough had given contradictory accounts regarding whether he had intended to purchase the water or have it written off.
Ms Moon questioned why the employee had not simply obtained tap water rather than drinking from the multipack bottle.
She noted Mr Oxborough had four days following the incident to report the matter voluntarily, yet failed to do so.
The area manager concluded that Mr Oxborough understood the correct procedures and that there was no guarantee such conduct would not recur.
She determined that dismissal was the only appropriate course of action.
Employment Judge Yallop upheld Lidl’s decision at the Southampton tribunal in October 2025, dismissing Mr Oxborough’s unfair dismissal claim along with his other complaints.
A Lidl spokesman said: “We would never take the decision to dismiss a long-serving colleague lightly, and the tribunal has upheld that our actions were fair and followed a thorough process.
“As a retailer, maintaining a consistent zero-tolerance approach to the consumption of unpaid stock is essential to our operations and ensures that clear rules are followed by everyone across the business.”