Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

MoJA doctor who was sacked after he was caught drink-driving whilst on the way to work has been awarded more than £70,000 after succeeding with his legal claim.

Dr Alan Stockman, 44, made a claim for unfair dismissal in the Employment Tribunal after he was sacked from his job for being four times over the drink-drive limit whilst on the way to work.

Dr Stockman was stopped by police on the M90 in May 2012 after he was spotted driving his car erratically along the busy motorway. A breathalyzer test found that Dr Stockman was four times over the limit and he was subsequently banned from driving for two years by the Dunfermline Sheriff Court. However, Dr Stockman was also suspended from practicing by the General Medical Council for 18 months as a result of his drink-driving and was sacked from his consultancy position at NHS Fife, with the NHS organisation stating that it could not retain the consultant’s services because of his ban and that he was unlikely to recover from his alcohol problems.

The dismissed doctor subsequently made an Employment Tribunal claim for unfair dismissal and his case came before the Fife Employment Tribunal last year. Dr Stockman’s legal team argued that his dismissal was unfair as NHS Fife should have taken medical advice on what his chances and time frames were of recovering from alcohol addiction and returning to work. They also argued that the organisation had failed to take account of medical evidence provided by Dr Stockman which suggested that the probability that he would recover from his addiction and return to work were high. NHS Fife’s lawyers argued that it was unreasonable to expect the organisation to retain Dr Stockman on full pay during the time period of his suspension as it was necessary to pay another consultant to cover his job and, further, that the medical evidence that Dr Stockman sought to use was inadmissible.

The Employment Tribunal found in Dr Stockman’s favour in his claim for unfair dismissal and awarded him £70,000 in loss of earnings. However, NHS Fife appealed this finding and the matter came before the Employment Appeal Tribunal earlier this year.

The Employment Appeal Tribunal rejected the organisation’s appeal against the finding of unfair dismissal, holding that the medical evidence advanced by Dr Stockman was inadmissible, and that the Tribunal had not substituted its view for that of the organisation.

NHS Fife’s medical director, Dr Brian Montgomery, commented on the decision of the Employment Appeal Tribunal as follows: “We are unable to comment on individual members of staff past or present. However, we are aware of the judgement made in this case.”

Chris Hadrill, an employment solicitor at Redmans Solicitors, commented on the case: “It is crucial in unfair dismissal cases that employers carry out a fair, thorough and prompt investigation and, further, that they be able to prove that they have carried out a fair, thorough and prompt investigation. In this case NHS Fife was unable to convince the Employment Tribunal that it had carried out a fair investigation by rejecting the medical opinion of other doctors.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 4 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 5 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 5 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 5 months ago

Anonymous

Easy to get hold of. Quick.

Posted 5 months ago

Owen J

Very helpful, efficient service.

Posted 5 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 6 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 6 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 6 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 6 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 6 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 6 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 6 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 6 months ago

Tim O

Experienced and competent advisors

Posted 6 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 6 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 6 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 6 months ago

Anonymous

Good service

Posted 6 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 6 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 7 months ago