Mr D McCallion v Menzies Distribution Solutions Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000912/2024 5 Held in Glasgow on 22 and 23 October 2024 Employment Judge L Doherty Mr D McCallion Claimant 10 In Person 15 Menzies Distribution Solutions Limited Respondent Represented by: Mr G Dunlop - Solicitor 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that the dismissal was unfair, but that no monetary award should be made.

REASONS 25 1. This was a final hearing conducted over two days to consider the claimant’s a claim of unfair dismissal presented on 25/06/24.The claimant represented himself and the respondents were represented by Mr Dunlop, counsel. Issues

2. This was a dismissal for the conduct related reason of the claimant removing 30 his tachograph card from his vehicle. The reason for dismissal is not in dispute.

3. The reasonableness of the dismissal is in dispute the basis that: a. The respondents failed to follow their own procedure and to follow the ACAs code by not allowing the claimant an appeal; 8000912/2024 Page 2 b. There was disparity between how the claimant was treated and how the respondents dealt with other employees; and c. The respondents failed to take sufficient account of mitigating f...