Claimant v Scottish Ministers, acting through their Agency, The Scottish Prison Service

Outcome

Facts

Two prison officers with 8 and 11 years' service were dismissed for gross misconduct following an incident on 18 August 2022 in which they restrained a prisoner (Prisoner X) using force. The prisoner sustained significant injuries visible in photographs taken on 22 August. The initial Use of Force reporting forms completed by the officers did not indicate events that would have caused injuries to that extent. An investigation was conducted, disciplinary hearings were held, and both officers were dismissed on 8 March 2023 by the Governor, Scott Watson, who concluded on the balance of probabilities that they had used disproportionate force. Internal appeals were unsuccessful.

Decision

The tribunal dismissed both unfair dismissal claims. Applying the Burchell test, the tribunal found the respondent had a genuine belief in the claimants' misconduct based on reasonable grounds (the discrepancy between the prisoner's visible injuries and the officers' initial reports), following a reasonable investigation. The decision to dismiss fell within the band of reasonable responses for an employer in the prison service, where exemplary standards of conduct are required. The tribunal was careful not to substitute its own view for that of the employer.

Practical note

Legal authorities cited