Claimant v The Scottish Ministers
Outcome
Individual claims
The tribunal found the respondent dismissed the claimant for a fair statutory reason (conduct). The investigation was thorough, the belief in misconduct was genuine and based on reasonable grounds, and dismissal fell within the band of reasonable responses. The claimant had accessed prisoner records inappropriately on multiple occasions without legitimate operational need, breaching the Code of Conduct and Information Security policy.
The tribunal found the claimant had fundamentally breached her contract of employment by accessing prisoner records she should not have accessed, knowing she was breaching the respondent's rules. This breach of the obligation of mutual trust and confidence entitled the respondent to dismiss summarily without notice or payment in lieu.
Facts
The claimant was a Residential Officer at HMP Grampian for the Scottish Prison Service from 2015 to January 2024. Following reports of inappropriate access to prisoner records, an audit revealed she accessed 310 prisoner records over three months, including 51 prisoners not at her establishment and seven accessed multiple times after transfer. Of particular concern, she accessed records of prisoner AB eight times after his transfer following incidents of suspected intimidation against her. The claimant argued all access was either legitimate work-related activity or accidental. The respondent dismissed her summarily for gross misconduct.
Decision
The tribunal found the dismissal was fair. The respondent genuinely believed the claimant was guilty of misconduct, had reasonable grounds for that belief based on the audit evidence and her unconvincing explanations, and conducted an adequate investigation through its Investigations Unit and Conduct Unit. Dismissal fell within the band of reasonable responses given the importance the Scottish Prison Service places on data confidentiality and integrity. The tribunal also found the claimant materially breached her contract, so summary dismissal without notice was lawful.
Practical note
Prison officers accessing prisoner records without legitimate operational need, particularly of prisoners outside their establishment, can constitute gross misconduct justifying summary dismissal given the high standards of confidentiality expected in the custodial environment.
Legal authorities cited
Statutes
Case details
- Case number
- 4105164/2024
- Decision date
- 7 January 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Residential Officer
- Service
- 8 years
Claimant representation
- Represented
- No