Mr T McGregor v The Scottish Ministers — 2023

The claimant was dismissed following an incident in the exercise yard at HMP Barlinnie on 31 July 2022 involving Prisoner B. The tribunal found that conduct was the genuine reason for dismissal, and noted that the claimant accepted the respondent had discharged the onus of showing a fair statutory reason.

The tribunal accepted that the respondent genuinely believed the claimant had committed misconduct, had reasonable grounds for that belief, and had carried out a reasonable investigation. It relied on the CCTV evidence, witness accounts, the investigation by an independent internal investigator, and the opinion of an internal training specialist on control and restraint techniques. The tribunal considered that the absence of sound on the CCTV and the tense atmosphere in the yard did not make the respondent's conclusions unreasonable.

The tribunal found that dismissal fell within the band of reasonable responses. It held that the respondent was entitled to conclude that the claimant had used inappropriate techniques, increased risk to himself, colleagues and prisoners, and departed from Rule 91 and the Use of Force Policy. The claim was therefore unsuccessful and dismissed, so no remedy was considered necessary.