Mr R McIntosh v Western Isles Health Board

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000974/2024 Held in Stornoway on 7, 8, 9, 10 and 11 July 2025 Employment Judge M Robison Mr R McIntosh Claimant Represented by: Mr D Hay KC - Counsel Western Isles Health Board Respondent Represented by: Mr K Gibson - Counsel

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that the claim for unfair dismissal is not well-founded and is dismissed.

REASONS Introduction

1. The claimant lodged a claim with the Employment Tribunal on 3 July 2024 claiming unfair dismissal. The respondent entered a defence resisting the claim, asserting that dismissal by reason of gross misconduct was fair.

2. At a preliminary hearing which took place remotely by video on 18 and 19 December 2024, Employment Judge M Whitcombe decided that “It was a term of the contract of employment between the claimant and the respondent that the respondent must apply the processes set out in NHS Circular No1990 (PCS) 8 when bringing disciplinary proceedings against the claimant involving allegations about profess...