Southern Electric Power Distribution plc

Case Summary

The employment tribunal found that Mr T Donaldson was not unfairly dismissed due to his misconduct, specifically sending inappropriate messages via WhatsApp.

The tribunal found that the claimant's dismissal was fair because his misconduct in sending inappropriate messages via WhatsApp provided a lawful and sufficient ground for dismissal.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •belief in guilt of claimant genuinely and honestly held
• •was the investigation fair

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000700/2024 5 Held in Glasgow on 10 – 14 February 2025 Deliberation – 19 and 21 February 2025 Employment Judge D Hoey Mr T Donaldson Claimant10 In Person Southern Electric Power Distribution PLCRespondent15 Represented by: Ms K Norval - Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL20 The claimant’s dismissal was not unfair and the claim is dismissed. REASONS 1. Following case management, the claim that progressed to a full hearing was that the claimant was unfairly dismissed. 2. The Hearing began by a reminder of the overriding objective and the need for25 both parties to work together to assist the Tribunal in ensuring that everything that was done was fair and just with due regard to cost and proportionality. A discussion took place as to how evidence was taken and the importance of ensuring relevant questions were put to each witness to ensure both parties cases were fairly put to each other’s witnesses and that relevant evidence30 was led. The parties were reminded that the Tribunal would only consider evidence that had been agreed or that was led before it. Case management 8000700/2024Page2 3. The parties had worked together to focus the issues in this case. At the outset of the Hearing the parties agreed what the issues were. The parties were also able to agree timing for witnesses and the parties worked together to assist the Tribunal in achieving the overriding objective, in dealing with matters justly and fairly taking account of the issues, cost and proportionality.5 4. The Tribunal was able to assist the claimant to ensure that relevant questions were put to each witness and that the claimant’s case was advanced. Evidence 5. The parties had produced a joint bundle of 538 pages. 6. The Tribunal heard evidence from Mr Cowdale (chair of disciplinary hearing,10 Ms Joynson (chair of appeal hearing) and the claimant. It was agreed that the claim…