An employment tribunal heard that the head chef of an award-winning gastropub was fired for “double-dipping” his fingers in sauce, plating up other customers’ excess gravy, and delivering “unfit for human consumption” mussels.
Max Murphy, 53, was fired from The Malt Shovel in Barston, Solihull, West Midlands, after the restaurant’s management discovered a series of “shocking” food hygiene procedures in his kitchen.
They included serving wet fish beside desserts and vegan meals alongside raw chicken.
Max Murphy, 53, was fired at The Malt Shovel in Barston, West Midlands, after proprietors discovered a list of’shocking’ food hygiene practices in his kitchen.
Mr. Murphy described his culinary approach as “organized rustic appeal” in an earlier interview with Birmingham Living, in which he spoke of his fondness for various flavor combinations.
“The focus is on flavor, and the presentation is rustic but orderly.” While we offer basics such as a lovely steak and chips on the menu, I also enjoy combining unique flavors,’ he said.
Under his direction, the pub was awarded two AA rosettes and received accolades from celebrity chef Rick Stein for its seafood.
But after an investigation into his conduct, the village pub’s management sacked him for egregious misconduct.
Mr. Murphy, who had worked at the bar for more than two decades, said in court that he should have been given another chance instead of being fired.
Late in August, Employment Judge Katherine Hindmarch decided that there were “severe concerns” with his behavior, and therefore dismissed his claim of unfair dismissal.
Staff employees reported that the chef served’stinking’ and ‘obviously dead’ mussels from a fish drawer, washed and cleaned his fingers in a container that held cutlery, and routinely reused gravy from Sunday dinners.
The Birmingham hearing was informed that Mr. Murphy had worked at the pub for 21 years, beginning as a sous-cook and rising to the position of head chef in 2006.
The owners of The Malt Shovel in Barston, a village in the West Midlands, conducted an investigation of Mr. Murphy in response to staff complaints.
Eric and Heidi Cahill purchased the bar in 2018 and initially only visited the establishment two or three times each month.
However, the court was informed that their involvement increased when the pub reopened in April 2021 after the Covid epidemic.
When they began coming on a daily basis, workers voiced concerns about unsanitary kitchen operations, prompting Mr. Cahill to initiate an investigation in May 2021.
The following month, Mrs. Cahill summoned Mr. Murphy to a disciplinary hearing when fourteen complaints were presented.
Cross-contamination was among the practices he was found to have violated, as the court heard.
In addition to improperly storing food, he routinely left a food store unsecured overnight so that fish and other goods could be left there after hours.
The tribunal heard that (Mrs. and Mrs. Cahill) had acquired witness testimonies from staff workers regarding mussels in a fish drawer that “stank and were clearly dead and unfit for human eating,” despite having been “in service” earlier that day.
“Mrs. Cahill decided that (Mr. Murphy) did not comprehend the proper method for storing mussels, and since these mussels were dead by evening, they could not have been suitable for serving at noon. They shouldn’t have been served and should have been eliminated sooner.’
Mr. Murphy was also discovered double-dipping, or dipping his fingers into a sauce, tasting it, and then dipping them back into the sauce.
The tribunal stated that (Mr. and Mrs. Cahill) again had witness statements from employees who had witnessed the incident.
During the examination, (Mr. Murphy) stated that he typically used a spoon and rarely used his fingers, adding, “If I do use my fingers, I use a different one each time.”
Mrs. Cahill substantiated this allegation. Again, she deemed this to be an improper and unclean practice.’
Regarding the accusation of reusing gravy, the tribunal heard: ‘(Mr. and Mrs. Cahill) had witnesses who said (Mr.
The inn received two AA rosettes and acclaim for its seafood from celebrity chef Rick Stein.
Mr. Murphy stated at the disciplinary hearing that he was in fact measuring wasted gravy/jus in order to determine consumption. He denied reusing the gravy/jus by placing it in a pot.
Mrs. Cahill did not trust his answer and upheld ten of the fourteen charges against him, the court was told. He was let go the following day.
Mr. Murphy raised accusations of unfair and unlawful termination before the tribunal. He claimed that the decision to fire him was “harsh” and that he should have been given a chance to “correct any deficiencies.”
However, the panel disagreed and stated that he had been “grossly negligent.”
Judge Hindmarch stated that the post of head chef “obviously includes responsibility for the growth and nurturing of other kitchen staff members and for health and safety/hygiene procedures.”
She stated, “As a firm that provides food and drink, these requirements are justifiably stringent, as any gap might result in customer complaints, reputational damage, and – in the worst case scenario – customer illness.”
She said that it was appropriate for the company to evaluate the different sanitary concerns that had been raised.
“The witness testimony and photographic evidence acquired corroborated its findings.” Mr. Murphy admitted during cross-examination that the charges were serious.
“(The company) has clear guidelines for kitchen hygiene, and (Mr. Murphy) had received the necessary training in July of 2020.
Mrs. Cahill felt that the company could no longer have faith in Mr. Murphy.
The Malt Shovel in Barston was reached out to for comment.