An employment tribunal heard that the head chef of an award-winning gastropub was sacked after serving mussels that were “unfit for human consumption,” “double-dipping” his fingers in sauce, and plating up leftover gravy from other diners.
The proprietors of The Malt Shovel in Barston, Solihull, West Midlands, discovered a number of Max Murphy’s 53-year-old kitchen’s “terrible” food hygiene standards and fired him.
They included serving vegan meals next to raw poultry and serving wet fish next to sweets.
Mr. Murphy expressed his liking of various flavour combinations in a previous interview with Birmingham Living and defined his cooking method as having a “organised rustic appeal.”
The presentation is simple yet organised, with a focus on flavour. I want to combine some new flavours with the staples on the menu, like the delicious steak and chips, he said.
Under his direction, the pub received two AA rosettes and Rick Stein, a television chef, praised the seafood.
But after looking into his actions, the small pub’s owners sacked him for serious misbehaviour.
Mr. Murphy, who had been employed at the bar for more than 20 years, filed a complaint with the tribunal, arguing that he should have been given another opportunity rather than being fired.
However, Employment Judge Katherine Hindmarch dismissed his claim of wrongful dismissal in late August after finding that he had “severe difficulties” with his conduct.
Staff employees related how the chef washed and rinsed his fingers in a container that kept cutlery, often reused gravy from customers’ Sunday dinners, and served mussels that “stank” and “were definitely dead” that were placed in a fish drawer.
Mr. Murphy was described as having worked at the bar for 21 years, starting as a junior cook and rising to the position of head chef in 2006.
The bar was acquired by new owners Eric and Heidi Cahill in 2018, who at first only sometimes stopped by the establishment.
But it was revealed before the tribunal that they became more active once the pub reopened in April 2021 after the Covid epidemic.
The court was informed that when they began regularly visiting, personnel raised concerns about unclean procedures in the kitchen, which prompted Mr. Cahill to launch an inquiry in May 2021.
The next month, 14 claims against Mr. Murphy were presented before a disciplinary hearing presided over by Mrs. Cahill.
The tribunal was informed that “cross contamination” was one of the procedures he was found to have violated.
He was also discovered to have kept food “inappropriately” and to have left a grocery store’s door unsecured every night so that deliveries of fish and other items could be placed there after business hours.
The tribunal heard that despite being “in service” earlier that day, the mussels in a fish drawer were “stenky, visibly dead, and unsuitable for human eating,” according to witness testimony from staff workers.
Mrs. Cahill came to the conclusion that (Mr. Murphy) did not know how to properly store mussels and that if the mussels were dead by nightfall, they could not have been suitable for lunch that day. They ought not to have been served, and they ought to have been eliminated sooner.
Additionally, it was discovered that Mr. Murphy had been “double dipping,” or dipping his fingers into a sauce, tasting it, and then dipping them back in.
The tribunal said that “(Mr and Mrs Cahill) again had witness testimony from workers who had observed this.”
“Throughout the examination, (Mr. Murphy) said that he typically used a spoon, “normally doesn’t use his fingers,” and “if I do use my fingers, I use a different finger if I dip again.”
“Mrs. Cahill supported this claim. She discovered this habit to be incorrect and unclean once again.
Regarding the claim that Mr. Murphy had reused leftover gravy from a customer’s dinner, the tribunal heard that “(Mr. and Mrs. Cahill) had witnesses who indicated (Mr. Murphy) frequently dumped unused gravy (reusing after a customer meal) into a pot to be utilised for another customer.”
“At the disciplinary hearing, (Mr. Murphy) claimed that he had really been measuring wasted jus and gravy in order to gauge consumption. He denied putting the sauce/gravy in a saucepan for later use.
Mrs. Cahill, it was revealed during the court, did not accept his defence and agreed with 10 of the 14 accusations made against him. The next day, he was fired.
Mr. Murphy claimed unfair and unlawful dismissal before the tribunal. He said that it was a “severe” choice to terminate him and that he should have been given the chance to “rectify any faults.”
However, the panel disagreed, stating that he had been “grossly negligent.”
The head chef ‘obviously has responsibility for the growth and nurturing of other kitchen staff members and for health and safety/hygiene standards,’ according to Judge Hindmarch.
As a company that sells food and beverages, she said that these standards should be high since any failure may lead to complaints from customers, damage to the company’s brand, or, in the worst case scenario, poor health in the patrons.
The firm was justified in looking into the different sanitary issues brought up, she said.
Its conclusions were confirmed by the witness testimony it collected and the photographic evidence. (Mr. Murphy) acknowledged the seriousness of the claims during cross-examination.
“(The company) had clear guidelines for kitchen cleanliness, and in July 2020, (Mr. Murphy) had finished the necessary training.
Mrs. Cahill came to the conclusion that the company could no longer rely on Mr. Murphy.
We’ve reached out to The Malt Shovel in Barston for comment.
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