At the Tribunal | |
Before
THE HONOURABLE LORD JOHNSTON
MR J M KEENAN
MISS A MARTIN
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Transcript of Proceedings
For the Appellants | Mrs S Stark, Advocate Instructed by- EEF Legal Section Broadway House Tothill Street LONDON SW1H 9NQ |
For the Respondents |
Mr M O'Hanlon, Solicitor Of- Messrs Mains Solicitors 55 Strathmore House EAST KILBRIDE G74 1LS |
"In considering the incident of 6 June which gave rise to the dismissal we were of the view that it was trivial in nature. Our only account of it was from R1 + 2 (and the applicant). We could not understand the reason for Mr Simpson being "at boiling point" when he was seen by Mr Lockhart. There was no evidence from Mr Simpson himself. In view of our understanding of the incident itself being trivial we were unable to see that dismissal fell within the reasonable bands of responses to it.
Moreover, in reaching the decision to dismiss, Mr Lockhart took into account events subsequent to the final warning. It did not seem to us that these events as recorded in R6-9 were disciplinary in nature. Indeed R6 was expressly not a disciplinary matter. It follows that we thought that Mr Lockhart had misdirected himself in taking these into account. Consequently, we found the dismissal to have been unfair."