Mr P Bradford v Represented by Mr P Deans Solicitor The State Hospital for Scotland — 2020

Mr Paul Bradford brought a single claim of unfair dismissal arising from his dismissal by The State Hospital for alleged gross misconduct after an incident on 6 March 2018 on Iona 2 ward. The tribunal recorded that he had been employed since 3 May 1994 and was dismissed effective 4 February 2019. The tribunal did not need to decide what actually happened on 6 March as a matter of primary fact; instead it asked whether the respondent had shown a potentially fair reason and whether dismissal was within the range of reasonable responses.

The tribunal held that the reason for dismissal was conduct, which is a potentially fair reason under section 98 of the Employment Rights Act 1996, and that the first stage of the Burchell test was met because the respondent believed the claimant to be guilty of misconduct. It then considered the investigation, disciplinary hearings and appeal in the round. Although the claimant raised multiple criticisms, including alleged gaps in the investigation, the handling of patient evidence, the treatment of patients D and E, and the effect of media coverage, the tribunal found the investigation to be reasonable overall and accepted that the respondent had sufficient material to conclude that an assault had probably occurred and that the claimant had been present and failed to respond.

On sanction, the tribunal held that summary dismissal fell within the range of reasonable responses in the circumstances. It took into account the hospital setting, the vulnerability of the patients, the claimant’s experience, and the respondent’s conclusion that he had not told the truth about what happened. The tribunal also found that the procedural complaints, including the grievance handling, the adjournments, the redaction issue, and the timing of the appeal, did not render the process unfair. The unfair dismissal claim was therefore dismissed.