The Highland Council

Case Summary

The claimant, aged 68, was dismissed from his role as harbour master at Uig harbour by The Highland Council. The tribunal found the dismissal was unfair due to procedural defects: the disciplinary officer (Mrs Urry) was biased having been involved in the investigation, and the claimant was not provided with underlying evidence before the hearing. However, despite finding unfair dismissal, the tribunal awarded zero compensation, reducing both basic and compensatory awards to nil due to the claimant's serious misconduct in claiming numerous false overtime payments for slipway cleaning he did not perform and conduct relating to fuel discrepancies.

The tribunal found the dismissal was unfair because the procedure used fell outside the band of reasonable procedures: the disciplinary decision-maker (Mrs Urry) was biased having been involved in the investigation and informed of findings before the hearing, and the claimant was not provided with the underlying evidence (Masternaut analysis, timesheets, and tide tables) necessary to prepare his defence. However, no compensation was awarded because the claimant's serious misconduct in claiming numerous false overtime payments for slipway cleaning he admittedly did not perform, coupled with other misconduct regarding fuel and equipment, justified reducing the basic award to nil under section 122(2) ERA and the compensatory award to nil as the claimant had not mitigated and contributed substantially to his own dismissal.

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• •Whether dismissal was procedurally fair
• •Bias of disciplinary decision-maker (Mrs Urry)
• •Failure to disclose underlying evidence to claimant
• •Fictitious overtime claims for slipway cleaning
• •Fuel discrepancies and alleged fuel theft
• •Removal of glass from works van without permission
• •Claimed theft of red diesel
• •Reduction of basic and compensatory awards for misconduct

The full source document is available from the official publication page.