Call us on 0844 324 5840

NEWS & RESOURCES

Employment Tribunal 2020 Case Ruling – Exceptional Fair Dismissal

M Gallacher vs Abellio Scotrail Ltd – An exceptional fair dismissal

A fair dismissal requires a proper procedure to be followed, and the decision to dismiss to fall within the band of reasonable responses. However, in the employment tribunal case Gallacher vs Abellio Scotrail Ltd, an exception was made given the very unusual and rare circumstances.

Gallacher was employed as a senior manager and her relationship with her manager turned sour around 2014. Over the next three years further issues arose leading to the relationship worsening to the point that Gallacher had a period of sickness in 2017. Upon her return, an appraisal meeting took place where business challenges and pressures were discussed and a phased return to work was agreed as support. This meeting was summarised afterwards by the Manager however Gallacher responded to say it was not an accurate reflection of the discussion and tensions between both parties reached their peak. At the same time the business was entering a critical period having posted significant trading losses. Given this, the business required Gallacher, and other senior managers to be relied upon for taking forward the businesses at such an uncertain time. Abellio Scotrail concluded that Gallacher’s role in the business was pivotal, but there was now a breakdown in trust and confidence which was causing a serious disruption to the business. Given the business-critical time it was deemed that a change in leadership was needed and a decision was taken to dismiss Gallacher. Despite Abellio Scotrail knowing there were clear disciplinary and performance procedures in place, it was not considered that a matter of either conduct or performance, where following a process would help manage the situation. Gallacher was therefore dismissed. There was no procedure followed, or any forewarning given, nor was she offered the right of appeal.

Surprisingly, the tribunal found the dismissal to be considered a fair response to the circumstances and went so far to hold the view that using a procedure would have made the situation worse. The Employment Appeals Tribunal also agreed with the original finding, holding the view that to have carried out a procedure in this case would have been futile given that the working relationship had broken down on both sides.

Whilst this is an interesting finding; it should be read with caution. It is only for exceptional, rare cases where the circumstances of the case are such that warrants a dismissal without any due process. We would always recommend you seek HR advice on cases involving senior members of your team to ensure the approach taken is fair and reasonable in the circumstances.

HR, Health & Safety Support

HR Solutions are here to provide your business with support and advice on any employment related issues; to find out more contact us online or call us on 0844 324 5840.

SHARE THIS:

Instagram

GET IN TOUCH

Got questions? Looking for advice?

GET IN TOUCH

Got questions? Looking for advice?

RELATED RESOURCES

Explore our comprehensive library of related resources to gain valuable insights, expert tips, and helpful tools for optimising your HR practices.

01
UK riots 2024 | Can you dismiss employees for conduct outside of work?
Insights
8 August 2024
02
Managing grievances and disciplinary cases (including investigations)
Online Training
21 March 2024
03
Managing difficult conversations
Online Training
21 March 2024

Request a Call from an HR Advisor

Our expert HR Advisors are here to assist you. To schedule a complimentary 30-minute call, please complete the form below. One of our advisors will reach out within 24 hours to either conduct the consultation or arrange a suitable time.

SIGN-UP FOR UPDATES

Receive all the latest industry insights, expert tips and exciting updates from HR Solutions, straight to your inbox.

Strategic HR thinking whitepaper

Our latest HR whitepaper offers an in-depth analysis and strategic framework aimed at transforming Human Resources into a pivotal element of business success in the rapidly evolving corporate environment of 2024.

PARTNER REGISTRATION

Register your details below and we will contact you regarding how HR Solutions can support your organisation.

MAKE A GENERAL ENQUIRY

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

var iframe = document.getElementById('pageurl-general-popup-6'); iframe.src = iframe.src + "?Form_Completion_Page=" + window.location.pathname + "&" + window.location.search.substr(1);

REQUEST A PROPOSAL FROM US

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

BOOK YOUR PLACE

Please complete the form and one of our team will call you back to discuss your query/booking.

Request your free trial

Register your details below and we will contact you about your 30 day free trial of the HR Knowledge Base.

REGISTRATION FORM

Register your details below and we will contact you about access to the HR Knowledge Base.  As part of your approved industry membership organisation you can get access to the HR Knowledge Base, created by Business HR Solutions, which is the go-to resource for thousands of business owners and managers across the UK.

2023/2024 SME BUSINESS SURVEY

Our latest 2023/24 SME Business Survey sheds light on the intricate dynamics shaping the SME sector and unveils critical insights that can guide businesses toward sustainable success.

IF YOU WISH TO PURCHASE HR ADVICE LINE TIME, PLEASE COMPLETE THE FORM BELOW.

HR Solutions are here to help. We offer a standard hourly rate package for ad hoc HR advice which means you can pay for what you need, whenever you need it, and then quickly get advice. Our highly experienced advisors are on hand to provide you with practical employment advice to help you manage your workforce.  You can purchase HR Advice Line time now, and the time purchased will be valid for 12 months.