Scottish Prison Service v Laing: EAT 14 May 2013

EAT Unfair Dismissal : Reasonableness of Dismissal – The Employment Tribunal found that the Scottish Prison Service had unfairly dismissed Mr Laing and that he had contributed to his dismissal to such an extent that 65% should be deducted from any award. They found that there was insufficient information for them to decide on pension loss and continued the matter for a further hearing or written submissions.
The Scottish Prison Service appealed against the finding of unfair dismissal and further argued that if the dismissal was unfair the contribution by Mr Laing had been 100%. Mr Laing cross-appealed on the question of contribution, his first position being that the ET’s determination should not be changed and his second position being that if it were to be changed, then it should be a finding of no contribution at all. The decision of the EAT is that the dismissal was not unfair and the Employment Tribunal’s decision is overturned. The EAT has decided that if they were required to consider the question of contribution, then Mr Laing contributed 100% to his dismissal. The Respondent took issue with the ET continuing the case for further information about pensions. The EAT decided that that was a matter entirely within the discretion of the ET and they were entitled to make the order made by them.

Lady Stacey
[2013] UKEAT 0060 – 12 – 1405
England and Wales


Updated: 20 November 2021; Ref: scu.515383