Dr R MacCallum v Forth Valley Health Board

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case Number: 4106901/2023 Hearing held in Glasgow on 29 February (pre-reading) and 1, 4, 5, 6 and 7 March 2024 10 Employment Judge M Whitcombe Dr Richard MacCallum Claimant Represented by: 15 Ms H Hogben (Counsel) 20 Forth Valley Health Board Respondent Represented by: Mr J Anderson (Counsel)

25 JUDGMENT The judgment of the Tribunal is as follows. (1) The claimant was unfairly dismissed. 30 (2) It would be just and equitable to reduce both the basic and the compensatory awards for unfair dismissal by 15% because of the claimant’s contributory conduct. (3) It would not be just or equitable to reduce the compensatory award further to reflect the chance that the respondent would have d...

REASONS Case No.: 4106901/2023 Page 2 Section Paragraphs Introduction and background 1-5 Issues 6-8 5 Evidence 9-13 Facts 14-68 Legal principles 69-93 Submissions 94 Reasoning and conclusions 95-144 10 Summary of conclusions 145-147 Introduction and background

1. This is a claim for unfair dismissal arising from events which occurred in late 15 2016. The claimant was formerly employed by the respondent health board from 1 May 2004 until 5 June 2023 as an Emergency Department Consultant based at Forth Valley Royal Hospital in Larbert. The functions and duties of a health board are well-known. The respondent provides healthcare services in the Clackman...

2. In broad terms, the matters which the respondent found to have amounted to gross misconduct were communications with a patient by phone call and text 25 and a visit to that same patient’s home address without any reasonable work- related or other legitimate reasons.