Cleaner sacked for eating £1.50 Tesco sandwich left out in law firm’s kitchen

Gabriela Rodriguez, 39, is suing Total Clean for unfair dismissal (Picture: United Voices of the World the union/Facebook)

A woman is suing a cleaning company for firing her after she ate a £1.50 tuna sandwich while working.

Gabriela Rodriguez, 39, has been accused of theft by her cleaning contractor Total Clean, after taking the sandwich from a leftover platter at Devonshires solicitors in London.

She is a single mum who earned £13.08 an hour but despite this Total Clean said Gabriela took ‘client property…without authority or reasonable excuse’.

Campaigners from UVW Union for migrant workers protested her dismissal by marching outside Devonshire’s offices armed with 100 cans of tuna and 300 sandwiches.

Placards were held which read ‘Sacked for a Sandwich?’ and ‘We are not the dirt – we clean’, and gave out leaflets which read: “I ate a leftover tuna sandwich and got sacked!’.

The union is appealing her sacking and in an open letter wrote: ‘There were various full trays of leftover sandwiches that had been laid out for staff to eat.

‘Gabriela understood she was also allowed to eat this food.

‘It is so incredibly far beyond the realms of reasonableness and comprehension to dismiss an employee for eating a leftover tuna and cucumber sandwich.

Graham Petersen decided to sack Gabriela which has generated outrage from her supporters (Picture: Graham Petersen)

Campaigners have protested for Gabriela (Picture: United Voices of the World the union/Facebook)

The union says cleaners up and down the UK are sacked each day (Picture: United Voices of the World the union/Facebook)

‘We now understand that the privilege of eating leftover sandwiches perhaps does not extend to the outsourced migrant workforce in the building.’

Supporters say she worked for the company for two years and had an ‘impeccable’ record.

UVW general secretary Petros Elia added: ‘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.’

But Gabriela was told by her Total Clean boss 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.’

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Total Clean said in a statement: ‘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.’

A spokesperson for Devonshires added: ‘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.

‘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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