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It's 'common practice' to pick up leftovers, says cleaner fired for tuna sandwich | Labor courts

A cleaner sacked for picking up a discarded £1.50 tuna sandwich from a meeting room at a top City law firm has said it is “common practice” for staff to take leftovers for their own lunches.

Gabriela Rodriguez was fired by a Total Clean contractor for taking possession of “client property … without authority or reasonable excuse” after she was accused of taking a sandwich from the offices of Devonshire Solicitors from the plate after the meeting.

She said she was “grateful” for the protests on her behalf by the United Voices of the World (UVW) union and overwhelmed by the widespread public outrage.

“I feel listened to, protected and supported, and I'm grateful that the union stepped in to support me in this situation,” Rodriguez said.

She added: “On a typical day, there would be sandwiches left over in the dining room after lawyers' meetings; it was common practice for people to help themselves to lunch.

“It was almost the end of my shift—a quarter to two in the afternoon—and I took one and put it in the fridge.

“A week later, I was called 15 minutes before the end of my shift. I was then suspended without pay pending further investigation.”

UVW claims the request to remove Rodriguez from the site was discriminatory and is taking Total Clean and Devonshires solicitors to an employment tribunal for unfair dismissal.

Rodriguez intends to study English and pursue a degree in health and social care at the University. Now she feels obliged to “work like crazy” to support her 10-year-old daughter and elderly mother due to the rising cost of living.

A native of Ecuador, Rodríguez, who holds Spanish citizenship, lived in London since 2008, he worked as an HR administrator in a large corporation in Spain.

After the tuna case, she worked as a cleaner in other offices. She still sees England as “the land of opportunity”, she said.

Rodriguez now works from morning until late at night with a “little break” at 3 p.m. Her mother helps her with childcare, but that hasn't stopped her from dreaming of overcoming what she describes as a “temporary” situation.

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“I have to work very hard as a single mother,” she said. “I am outraged by the way they treated me. People are too scared, they have fear [and] don't seek help.

“Because they don't join unions, they leave their jobs when they're mistreated, and … there was no punishment for treating people like that. I told myself that I will not do that – I will speak, and this is my right.”

A spokesman for Total Clean said the company would not comment on the matter.

Devonshires Solicitors said it had not made a formal complaint against Rodriguez and had expressly instructed Total Clean not to take any action against her. The firm would not object to Rodriguez working on its premises if Total Clean changed its position, the spokesman said.

https://www.theguardian.com/law/2024/feb/20/common-practice-to-take-leftovers-says-cleaner-sacked-over-tuna-sandwich

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