Trinity Employment barrister Helen Hogben represented experienced A&E consultant Richard MacCallum in his successful claim for unfair dismissal in the Glasgow Employment Tribunal. Prior to his dismissal, Mr. MacCallum had been suspended on full pay for six and a half years.
The Tribunal found that the disciplinary process was so seriously delayed that it fell well outside a reasonable range of procedures. The delay had impaired the cogency of the evidence and had placed Mr MacCallum under prolonged stress, which in turn had contributed to heart problems.
The Tribunal found that the disciplinary panel’s conclusion that Mr MacCallum was dishonest was also unfair, and there was an unsound and unreasonable basis for that conclusion.
Other procedural failings meant that he did not have a fair opportunity to challenge the findings of fact made against him during the investigation.
The Tribunal found that no reasonable employer would have dismissed a consultant with such long and otherwise unblemished service, genuine insight, effective remediation and glowing references.
Helen Hogben is an employment barrister at Trinity Chambers and was instructed by Lucy Lindsay of Thompsons Scotland.
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