In Mr S Mullen v Greater Glasgow Health Board an experienced NHS hospital worker has won an unfair dismissal case after he was fired following an outburst when someone used his cup.
Stephen Mullen flew into a rage and confronted other members to staff demanding to know who was responsible when he spilled leftover liquid on himself, an employment tribunal heard.
The supervisor was accused of threatening one of his team Paul Hutchison during an angry exchange. Despite protesting his innocence, he was sacked for gross misconduct after almost 20 years working for the health service.
Now an employment tribunal has awarded the 43-year-old almost £9,000 after ruling the NHS investigation into his behaviour was flawed.
However, the compensation has been significantly reduced after a judge found his behaviour had had a serious impact on Mr Hutchison.
The hearing was told that on 11 March 2021, Mr Hutchison, a technician who worked for him, made a complaint following an incident that had taken place the same day.
“In summary, he stated that (Mr Mullen), who was his supervisor, was agitated about someone using a cup belonging to him,” the tribunal heard.
“In trying to calm him down, (Mr Mullen) had repeatedly sworn at him and made apparent threats later on.”
The tribunal heard that while berating him, Mr Mullen had told Mr Hutchison he wanted to ‘rip his f****ing beard off his f***ing face,’ that he knew where he parked his car and that he would ‘get him outside’.
When questioned about the incident, Mr Mullen said that he was ‘angry and disappointed’ to find that someone had used his cup and left liquid in it which had covered him after he grabbed it.
After asking everyone in his changing room, including Mr Hutchison, if they had used his cup, no-one admitted responsibility, the tribunal heard.
Mr Hutchison – who according to Mr Mullen wasn’t wearing the correct PPE at the time – then approached him in the department’s wash area and told him the cup wasn’t his.
The tribunal was told a shouting match then ensued.
“Mr Hutchison believed that this was a genuine threat and that he was fearful for his safety.”
Mr Mullen said that he and Mr Hutchison had been friends and he was willing to apologise to him.
However, he denied threatening him said he had been provoked because he wasn’t wearing the correct PPE at the time.
His case was upheld after the tribunal ruled the disciplinary process had taken too long and wasn’t impartial.
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