(sitting alone)10 Mr Anthony Carson v Council — 2018

Anthony Carson, Scottish Borders Council's Regulatory Services Manager, was summarily dismissed on 13 December 2016 after an investigation into alleged bullying behaviour within Regulatory Services. The tribunal accepted that the stated reason for dismissal was conduct under section 98(2)(b) ERA 1996, but held that fairness had to be assessed under section 98(4) and the Burchell approach. It also referred to the range of reasonable responses and Sainsbury's Supermarkets v Hitt when assessing the investigation.

The tribunal found that Mr Carson was not given proper particulars of the case against him. The allegations were framed as broad themes, but the investigation did not identify specific incidents, dates, or context in a way that allowed a meaningful response. Ms Young's investigation was criticised as not being a real investigation: she relied on voluntary witness responses, did not test credibility or resolve conflicts, did not interview all relevant staff, and did not properly distinguish between legitimate management action and bullying. The report also mixed in material that related to Sally Reynolds, and the tribunal considered that the Council had not followed its own dignity, harassment, grievance, and disciplinary procedures in the way its policies envisaged.

At the disciplinary stage, Mr Robertson upheld some allegations and rejected others, including the mileage allegation, which he accepted could amount to reasonable management supervision. However, the tribunal held that he also made findings on matters not charged, including inappropriate comments in meetings, and that his reasoning was fundamentally flawed because he treated witnesses' statements that they felt bullied as enough, without identifying or investigating the specific conduct relied on. The appeal was treated as a review rather than a rehearing and was not upheld. The tribunal found the dismissal unfair, rejected any deduction for contributory fault, and awarded a basic award of £4,645.50 and a compensatory award of £51,935.59, producing a total award of £56,581.09 with no prescribed element.