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Tayside Road Workers Win Unfair Dismissal Case

Posted by on in Employment Tribunal
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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.

Tribunal Findings

Although BEAR insisted that the employees were fired for falsifying records, both workers stated that they were dismissed after making multiple complaints about unsafe working conditions and that they were victimised for making such claims.

The tribunal heard that the workers, who were responsible for carrying out pothole repairs, frequently complained to senior employees about the dangerous conditions they were forced to work in with conditions often being dangerous and some repairs being carried out too close to traffic. As a result of these complaints, the two men stated that they were then photographed in the workplace despite never having issues in the past with their employer.

According to the tribunal, a breach in timekeeping did not amount to gross misconduct and that the men were unfairly dismissed. However, despite the claims of unsafe practices from the workmen, Bear Scotland and Transport Scotland said there was no evidence to suggest “inappropriate use of taxpayers’ money” on unnecessary works or of unsafe practices.

Employment Tribunal: Unfair Dismissal

While most employees believe that every dismissal is unfair, there are grounds that allow you to take legal action if you believe you have been mistreated in the workplace. Many dismissals are justified, however if you believe that your dismissal is linked to another matter our team of solicitors are here to help. Soe workers, such as contractors and freelancers are unable to take legal action. However, it is important to analyse what is considered to be unfair dismissal. If you are dismissed as a result of any sort of discrimination, gender discrimination, harassment, pregnancy or taking part in legal industrial action, you will be able to cite unfair dismissal. However, there are other grounds that will allow you to take such action.

Result of Unfair Dismissal

If an employer is found guilty of an unfair dismissal, they may be ordered to pay compensation for your treatment and for dismissing you. An employer may also be given the option to reinstate you in your job or put you in a different position within the company. However, these are less common than compensation.

Taking Legal Action Against An Employer? Contact Us

Regardless of if you have been unfairly dismissed, harassed in the workplace or wish to take any sort of employment action, our team of solicitors can help. Our team of solicitors aim to make taking legal action as simple and as stress-free as possible. To get in touch with our team contact us today using our online contact form.

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