Claimant v The Scottish Ministers
Outcome
Individual claims
The tribunal found the investigation fundamentally flawed, failed to adhere to the respondent's own policy in material respects (unsigned witness statements), was not comprehensive or analytical, and the decision maker did not have reasonable grounds for believing the claimants were guilty. The dismissals were not within the band of reasonable responses.
Facts
Three prison officers (physical training instructors) at HMP Edinburgh were summarily dismissed following an allegation by a prisoner that they had assaulted him in his cell on 6 September 2022 after he had verbally abused an officer. The prisoner alleged he was pinned down and repeatedly punched. The claimants denied using inappropriate force, stating they had gone to challenge his behaviour. An investigation was carried out, followed by disciplinary hearings and appeals, all resulting in dismissal. The case was sisted pending criminal proceedings which did not proceed to trial.
Decision
The tribunal found all three claimants were unfairly dismissed. The investigation was fundamentally flawed: key witness statements (including that of the prisoner alleging assault) were unsigned in breach of policy; the investigation lacked critical analysis and balance; inconsistencies in the prisoner's account were not properly examined; and the decision maker did not have reasonable grounds for believing the claimants guilty. Two claimants were ordered reinstated, one received compensation. All awards reduced by 20% for contributory conduct (failure to report the prisoner's behaviour promptly).
Practical note
An employer's failure to follow its own investigation procedures (particularly requiring signed witness statements), combined with lack of critical analysis of conflicting evidence and acceptance of uncorroborated allegations from a complainant without examining inconsistencies, will render a dismissal unfair even where serious allegations are involved.
Award breakdown
Adjustments
The claimants' failure to report the conduct of prisoner B in the appropriate manner timeously contributed to the disciplinary proceedings taken against them. A contemporaneous record would have been available had they followed the correct procedure.
Legal authorities cited
Statutes
Case details
- Case number
- 4103512/2023
- Decision date
- 9 December 2025
- Hearing type
- full merits
- Hearing days
- 7
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Residential Officer / Physical Training Instructor
- Service
- 10 years
Claimant representation
- Represented
- No