Mr G Shields v , solicitor Falcon Tower Crane Services Ltd — 2025

Mr Shields worked for Falcon Tower Crane Services Ltd as a crane operator from 10 May 2004 until his summary dismissal on 23 August 2024. The case arose from the collapse of a crane jib at Stead's Place, Edinburgh on 28 November 2023 after events on 27 November 2023. The respondent alleged that he had failed to report damage and had continued to operate the crane after the damage occurred. The tribunal found that senior managers had formed an early view that he was responsible for the damage, and that this view then drove the later investigation and disciplinary process.

Applying section 98(4) ERA 1996 and the Burchell approach, the tribunal held that the dismissal was unfair. It found that Mr Rix and Mr Brown concluded that the claimant knew of the damage and chose to continue operating the crane, but that they did not carry out reasonable investigation before reaching that conclusion. Their theories were not put to the claimant, alternative explanations were not properly explored, and relevant supporting evidence such as site records and other potential witnesses was not pursued. The tribunal also noted that material reports and footage were not properly provided to the claimant during the process, and that the appeal did not operate as a rehearing.

On remedy, the tribunal rejected any reduction for contributory conduct. It found that the claimant had PTSD from the accident, had not worked since dismissal, had not applied for jobs because of his health, and was unlikely to return to work. It therefore made no award for loss of earnings. The respondent was ordered to pay a basic award of £18,550 and a compensatory award of £10,665.68, comprising £10,165.68 for notice pay and £500 for loss of statutory rights. The compensatory award was subject to recoupment, with a prescribed element of £10,165.68 for the period 24 August 2024 to 16 November 2024.