Claimant v The Scottish Ministers Acting Through Their Agency, The Scottish Prison Service

Outcome

Facts

The claimant was a Prison Officer with 33 years unblemished service at HMP Shotts. On 7 April 2024, a nurse withheld medication from prisoner IB, believing him to be under the influence of drugs, and communicated this to the claimant. The claimant did not place IB on MORS (Management of an Offender at Risk of Substances) observations. IB was found dead in his cell the next morning with multiple drugs in his system. The claimant was dismissed for gross misconduct, having failed to follow the MORS policy. He argued he was unaware of the nurse's concerns, that IB's presentation was normal, and that other officers who also failed to act were not dismissed.

Decision

The tribunal dismissed the unfair dismissal claim. The tribunal found the respondent had a genuine belief in the claimant's guilt, conducted a reasonable investigation, and had reasonable grounds to conclude the claimant failed to apply the MORS policy. Dismissal fell within the range of reasonable responses available to a reasonable employer. The tribunal accepted the nurse's evidence over the claimant's, finding it reasonable to conclude the claimant knew why medication was withheld and should have acted. The claimant's circumstances were not truly parallel to other officers, so the inconsistency argument failed.

Practical note

Legal authorities cited