Cleaning boss's cold letter sent to mum after he sacked her for eating sandwich

19 February 2024 , 20:21

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Gabriela Rodriguez, 39, originally from Ecuador, was using her earnings to support her 10-year-old daughter

A cold-hearted boss sacked a single mother working as a cleaner for eating a leftover tuna sandwich.

Gabriela Rodriguez was asked to leave after eating a £1.50 Tesco sandwich that lawyers at a City firm had discarded. She is now claiming against the cleaning firm she was working for, arguing that she was unfairly dismissed.

Gabriela, 39, who is originally from Ecuador, has issued an unfair dismissal claim against Total Clean, a company that had been contracted to Devonshires, a leading civil law firm. Following a disciplinary hearing on November 24, the boss of Total Clean, Graham Petersen, sent Gabriela a strongly worded letter. In the note, he said: "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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Campaigners holding placards ahead of a demonstration in front of Devonshires offices (United voices of the world)

In the letter, reported in the MailOnline, he claims to have considered whether he could have avoided dismissing her. But he decided against it, saying: "You are therefore dismissed with immediate effect from Total Clean. You are not entitled to notice or pay in lieu of notice."

Speaking about the case, Gabriela, who moved from Spain to the UK 10 years ago, said: "I'm still so angry about the way I've been treated. I put it in the fridge to have after my shift ended, because the sandwiches were left in the kitchen for other staff when ground-floor meetings finished, and I understood I had the right to eat it as someone who worked in the building."

She added: "The way they got rid of me was horrible.I've been accused of theft when all I did was eat a small sandwich that was probably going to end up in the bin."

The United Voices of the World Union, which represents migrant workers in the UK, expressed Gabriela's situation in an appeal letter, which read: "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. We now understand that the privilege of eating leftover sandwiches perhaps does not extend to the outsourced migrant workforce in the building."

The protesters brought 100 cans of tuna and 300 sandwiches to the march (United voices of the world)

Gabriela's sacking sparked a protest outside Devonshire's office as campaigners carried 100 cans of tuna and 300 sandwiches. Among the protesters were placards reading "'Sacked for a Sandwich?" and "We are not the dirt - we clean". Other demonstrators handed out leaflets that read: "I ate a leftover tuna sandwich and got sacked".

The single mother lives in north London and does not speak English. She relied on her job to support her 10-year-old daughter. She is said to have worked for Total Clean for two years with an "impeccable record".

Gabriela Rodriguez, 39, originally from Ecuador, was using her earnings to support her 10-year-old daughter

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. 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."

In a statement, the law firm told the Mail: "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."

Ryan Fahey