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A pair of employees have won their unfair dismissal case after they were awarded around £25,000 after being dismissed by BEAR.

The company used covert surveillance to monitor staff and then used said video to dismiss two employees, Sean Toshney from Dundee, and colleague Neil Fotheringham from Arbroath. BEAR cited gross misconduct after alleging they were guilty of poor timekeeping and falsifying records. However, the pair has now been awarded compensation following an employment tribunal.


The Scottish Government are to scrap employment tribunal fees if said powers are devolved to Scotland from Westminster, however, such powers will only be transferred when it is “clear on how the transfer of powers and responsibilities".

The plan was announced in the government’s programme for 2015/16 with the details set to be negotiated by both governments with the Scottish Government wishing to scrap such fees to ensure that people have a greater access to justice.

Speaking on the matter the Scottish Government stated: “We will abolish fees for employment tribunals when we are clear on how the transfer of powers and responsibilities will work.

“We will consult on the shape of services that can best support people’s access to employment justice as part of the transfer of the powers of Employment Tribunals to Scotland.”


A prison guard has won his unfair dismissal case after he was sacked for allegedly grabbing the neck of an inmate who was acting aggressively and demanding second dinner helpings.

Ross Callachan has been awarded just under £7,000 and been reinstated as a prison officer following the claim from HMP Glenochil in Clackmannanshire that he became aggressive towards prisoners during food service.

Mr Callachan, who had served for nine years as a prison guard, told the court that he became concerned when an inmate began acting aggressively towards himself and other prisoners. When he became worried that he might be physically assaulted, he took direct action and removed the prisoner from the area.

The Scottish Prison Service (SPS) claimed Mr Callachan used excessive force and was therefore dismissed, however, employment judge Mary Kearns found in favour of the Mr Callachan and ordered his re-engagement as a prison officer at HMP Perth as well as awarding him £6,989.


The Law Society's Access to Justice Committee is seeking employment law specialists' views on the impact of the employment tribunal fees introduced last year.


Wronged employees face being left severely out of pocket in their pursuit of justice the charity Citizens Advice has warned, as the Government publishes damming new figures on employees not receiving tribunal payouts.


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