NHS Highland

E.T. Z4 (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4102660/2019 Held on 4, 5, 6 AND 7 MAY 2021 BY CVP Employment Judge B Campbell 10 Dr A Khan Claimant Represented by Mr E Stafford 15 Solicitor 20 NHS Highland Respondent Represented by Mr K McGuire, Counsel 25 JUDGMENT The judgment of the employment tribunal is that: 1. the claimant was not unfairly dismissed contrary to section 94 of the Employment Rights Act 1996, and 2. the claim is therefore dismissed. 30 REASONS GENERAL S/4102660/19 Page 2 1. This claim arises out of the claimant's employment by the respondent which began on 1 December 2001 and ended on 19 September 2018 with his dismissal. The claimant asserts that he was unfairly dismissed. 2. Evidence was heard from, in order, Ms Tracy Ligema, Mr David Park and Mr David Garden of the respondent, and the claimant himself. The parties had 5 helpfully prepared an indexed and paginated joint bundle of documents. Numbers in square brackets below are references to the page numbers of the bundle. The claimant also provided an updated schedule of loss which superseded the version in the joint bundle. Some of the key values within it were agreed by the parties. 10 3. All of the witnesses were found generally to be credible and reliable. The parties were not in direct conflict over much of the evidence and the case turned more on matters such as the severity of the sanction imposed and whether the respondent had treated the claimant reasonably in all of the circumstances throughout what ultimately became a lengthy process. The parties' 15 representatives provided written submissions at the close of the hearing which were considered and where ap...