: Ms D McDougall and Mr J McCaig Mr C Gallacher v Represented by: Mr K Gibson -15 Counsel [Instructed by Messrs Allan McDougall] Scottish Ambulance Service Board — 2024

Mr C Gallacher, a duty manager with over 20 years' service, was dismissed by the Scottish Ambulance Service Board after he arranged for a pool car to be used to collect him and his family from Glasgow Airport after a holiday. The respondent investigated the complaint, suspended him, held a disciplinary hearing, and concluded that his conduct amounted to gross misconduct. The appeal was not upheld. The separate detriment complaint based on trade union activity did not proceed on the merits and was recorded as withdrawn.

The tribunal accepted that the dismissal was for the potentially fair reason of conduct and applied section 98(4) ERA 1996 and the range of reasonable responses approach, referring to Burchell, Polkey, Iceland Frozen Foods and the other authorities set out in the reasons. It found that the respondent carried out a detailed investigation, had a genuine belief in misconduct, and fairly considered the claimant's explanations, mitigation and appeal before deciding that dismissal was appropriate.

The tribunal took account of the claimant's long service, clean disciplinary record, the absence of a clear written pool-car policy, his apology, his offer to repay any loss, the delay in the disciplinary process, and his case that he expected the trip to be completed during a break. It nevertheless held that an experienced duty manager ought to have known that using a service vehicle for purely personal purposes was not permitted, that the request had potential implications for patient safety and public confidence, and that dismissal was within the range of reasonable responses. Remedy was not considered because the unfair dismissal claim failed.