Ms L Jennings v Culture and Sport Glasgow T/a “Glasgow Life”

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case Number: 8000094/2024 Hearing held in Glasgow on 26 September 2024 3 October 2024 and 4 October 2024 10 Employment Judge M Whitcombe Ms L Jennings Claimant In person 15 20 Culture and Sport Glasgow Respondent trading as “Glasgow Life” Represented by: Ms N Macara (Solicitor) 25

JUDGMENT 30 [Paragraphs 90 & 91 amended following reconsideration on 13 November 2024.] The claimant was not unfairly dismissed. 35 Case No.: 8000094/2024 Page 2

REASONS Introduction and background 5 1. This is a claim for unfair dismissal, brought by a claim form (ET1) which the Tribunal received on 1 February 2024. The claimant was formerly employed by the respondent from 9 July 2018 until 30 August 2023 as a Lead Acro Coach/Performance (Gymnastics). The respondent is a registered charity and a subsidiary organisation of Glasgow City Council. It manag...

2. The claimant was dismissed for what the respondent found to be gross misconduct over the weekend of 13 and 14 August 2022 at the Yate 15 International Gymnastics Training Camp. The key factual allegations were that: a. on 13 August 2022 a young gymnast “X” should have been taken to hospital on NHS advice, but was not; and b. on 14 August 2022 the claimant shouted at X, prevented X from calli...

5. It was common ground that the respondent genuinely and honestly believed 5 that the claimant was guilty of misconduct, and that that belief was the reason for her dismissal. Apotentially fair reason for dismissal falling within s.98(2)(b) ERA 1996 was therefore established. Investigation 10