Kosher bakery loses jam appeal

By Simon Rocker, August 2, 2013

Carmelli’s kosher bakery in Golders Green has lost an appeal against an Employment Tribunal decision that it unfairly sacked a pastry cook for using non-kosher jam.

Toufik Benali was awarded £35,567 in compensation by Watford tribunal last year following his dismissal in 2011.

The tribunal found that although the jam incident was an act of gross misconduct, it was not the real reason for his sacking.

It said that the bakery had victimised him for complaining that the company had not adjusted his workload because of back pain.

The Employment Appeal Tribunal has now upheld the decision. But in a judgment delivered this week, it said that the original tribunal had erred in not considering whether Mr Benali had contributed to his dismissal and whether it should have reduced the level of compensation.

Last updated: 5:04pm, August 2 2013