Want to talk to an expert employment law solicitor?

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

MoJA former prison officer has made a legal claim against his former employer after he was sacked in 2013 for failing to report the fact that his wife had accused him of a sexual assault.

Mr John Palfreman, a former prison guard at Low Moss Prison in Bishopbriggs, near Glasgow, failed to tell his employer, the Scottish Prison Service (“SPS”), for a week that he had been arrested and that charges had been brought against him for sexual assault by his wife.

Mr Palfreman, who had worked for the Scottish Prison Service for 16 years, was dismissed for gross misconduct, even though all charges against him were later dropped. He subsequently brought a claim for unfair dismissal in the Employment Tribunal, claiming that his dismissal was outside the range of reasonable responses in the circumstances.

The case came to the Employment Tribunal last month, with Mr Palfreman giving evidence in his favour. Mr Palfreman stated that he was aware that he was obliged to inform the governor of the prison that he had been arrested but was not aware of the time frames in which he had to do this.

The tribunal heard that Mr Palfreman had returned from annual leave on 12 April 2013 and had immediately asked to see the governor. However, upon doing so he was told that the governor in fact wanted to see him. An investigation was subsequently undertaken and the decision to sack Mr Palfreman made.

The Scottish Prison Service’s lawyer cross-examined Mr Palfreman on his approach to the situation, telling him that the service’s employment policy stated that he was obliged to report such matters to the governor “without delay” and asking him why he had waited for almost a week before reporting his arrest to the governor.

Mr Palfreman’s lawyer claimed that “no reasonable employer” would have dismissed his client, taking into account that he had an “unblemished record, the fact that he was on leave after his arrest and that he was not aware of when he had to report such things.”

Chris Hadrill, an employment solicitor at Redmans Solicitors, commented on the case: “Mr Palfreman is arguing at the Employment Tribunal that his employer failed to carry out a reasonable investigation and to have a reasonable belief that his conduct warranted dismissal, particularly when taking account the mitigating factors. We will have to wait and see what conclusion the tribunal comes to in assessing the case.”

The Employment Tribunal continues, with a judgment in the case expected next year.

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

4.68 Average

69 Reviews

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 2 days ago

Nicola W

Fantastic service, very quick and efficient. Thank you

Posted 2 days ago

Anonymous

Excellent professional service.

Posted 2 days ago

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 1 week ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 2 weeks ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 1 month ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 1 month ago

Anonymous

Good advice

Posted 1 month ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 1 month ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 1 month ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 1 month ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago