Waiter loses claim for unfair dismissal for selling too expensive wine to TV executive

A waiter sacked by the five-star London Hilton on Park Lane for serving a wine that was too expensive to a TV executive has lost his claim for unfair dismissal and breach of contract, an employment tribunal has ruled.

Mustafa Kantar lost his job after Tim Miller, creative director at ITV Studios responsible for Come Dine with Me, complained about his wine bill at the Digital Broadcasting Awards on 16 June last year.

The London Central Employment Tribunal heard that Kantar served Miller three £40 bottles of Pinot Grigio and a £50 Rioja instead of the house wine at £34.

In a written statement to the tribunal, Miller said he had made it clear that he just wanted the house wine.

But Kantar, a 62-year-old Turkish national who had worked at the hotel since 1999, told the tribunal that there had been a misunderstanding and that it was often hard to understand diners' orders because functions at the Hilton were often very loud.

However, tribunal judge Kimbra Welch ruled that Kantar's actions had amounted to gross misconduct. Management had alleged he failed to report the problem and claimed he had been trying to boost his tip.

After the conclusion of the tribunal Kantar told the London Evening Standard that he had done nothing wrong and that Miller had not complained at the time of the incident.

A Hilton Worldwide spokesperson said: "We can confirm the outcome of the Mustafa Kantar employment tribunal case, which has ruled in favour of the London Hilton on Park Lane. Hilton Worldwide is dedicated to fair and just employment practices and works to deliver consistent focus on our team members."

The London Evening Standard reported that Kantar had earlier rejected a £10,000 settlement offered by Hilton to pursue his £55,000 compensation claim.

Tribunal awards damages to underpaid hotel cleaners >>

Hospitality staff are among most likely to use employment tribunals >>

By Janet Harmer

E-mail your comments to Janet Harmer here.

If you have something to say on this story or anything else join the debate at Table Talk - Caterer's new networking forum. Go to www.caterersearch.com/tabletalk

Caterersearch.com jobs

Looking for a new job? Find your next job here with Caterersearch.com jobs