Cleaner sacked for eating leftover tuna sandwich takes legal action against City law firm
A cleaner is taking legal action against a top City law firm for indirect race discrimination after being fired for eating a leftover tuna sandwich from a discarded platter.
Gabriela Rodriguez from Ecuador cleaned the offices of Devonshires Solicitors for two years.
United Voices of the World union (UVW), which supports migrant workers, claims she was sacked just before Christmas 2023 after contractor Total Clean received a complaint from Devonshires Solicitors that leftover sandwiches were not being returned.
The union confirmed Rodriguez ate a £1.50 tuna sandwich she thought would be discarded after a meeting of lawyers.
She was then let go for taking “client property … without authority or reasonable excuse”. In an attempt to get Rodriguez reinstated, dozens of UVW members – including cleaners, legal sector workers and hospitality workers – protested outside Devonshires’ offices on Valentine’s Day bearing 100 cans of tuna, 300 hand-wrapped sandwiches, several helium heart-shaped balloons, and love letters for Rodriguez.
Petros Elia, the general secretary of UVW, said the union was “mission-bound as a trade union which represents large numbers of cleaners” – most of whom are migrant workers.
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. We will raise our voices and unite to fight any employer – even big powerful companies like Devonshires Solicitors.
“And just because we clean their dirt, does not mean they can treat us like dirt. We demand respect, dignity and equality, regardless of the language we speak, our country of origin, or the colour of our skin.
“We are taking both Total Clean and Devonshires Solicitors to an employment tribunal. For Total Clean, the claims are for unfair dismissal and direct race discrimination. For Devonshires Solicitors the claims are for direct and/or indirect race discrimination.”
UVW contends that the request for Rodriguez’s removal from the site was an act of discrimination alleging if she was not a Latin American with limited English, Devonshires would not have complained about her, which led to her dismissal.
A Total Clean spokesperson told the Guardian: “While we would not typically comment on personnel issues, we would like to address the misleading and inaccurate information that is being alleged by our ex-employee. 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 Solicitors said: “Devonshires did not make a formal complaint against Gabriela and expressly told Total Clean not to take any action 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.”