Scottish Ambulance Service Board

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103832/2023 Held at Inverness on 15, 16 & 17 July and 16 August 2024 Employment Judge J M Hendry 5 10 15 20 25 30 35 Claimant In Person Ms JacquelineNoble ScottishAmbulanceService Board Respondent Represented by, Mr G Fletcher, Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Tribunal finds as follows: 1. That the application for a finding of unfair dismissal being not well founded is dismissed. 2. That the application for a finding of wrongful dismissal/failure to pay notice pay not being well founded is dismissed. 3. That the claims for arrears of pay and breach of the Working Time Directive are dismissed. E.T. Z4 (WR) Page 2 S/4103832/2023 REASONS 1. The claimant in her ET1 sought a finding that she had been unfairly dismissed by the respondent from her post as National Despatch Manager. The respondent’s position was that the claimant had been fairly dismissed on the grounds of conduct and that her conduct had amounted to gross misconduct entitling them to summarily dismiss. 2. The claimant had been represented by solicitors but they had withdrawn from acting. The case had initially been listed to be heard in November 2023 and then relisted for March 2024. This hearing in turn was postponed due to the claimant’s representative withdrawing. Issues 3. The case proceeded to a Case Management Preliminary Hearing on 11 July 2024 in front of Judge Sangster. The case was discussed with the claimant and Mr Fletcher. It was explained that the respondents relied on the claimant’s conduct, in particular, it was noted that the Tribunal had to consider. a) whether the respondent believed the claimant had committed the misconduct relied upon; b) whether that belief was based on reasonable grounds; and c) when it formed that belief it had carried out as much investigation as was reasonable in the circumstances. 4. TQ this must be added the claim of wrongful dismissal namely the issue of whether the respondent could dismiss for gross m...