Want to talk to an expert employment law solicitor?

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

MoJA former employee of a Scottish oil company has won his claim for unfair dismissal after he was fired for gross misconduct last year.

Mr David Williamson, who had worked for 25 years for Scotoil Group, was fired from his job in 2013 after it was alleged by the company that he had been racially harassing agency staff at the firm.

Mr Williamson, who his from Aberdeen, complained along with other workers that a Polish contract worker they were working with couldn’t follow English safety instructions for high-pressure cleaning equipment. A complaint was subsequently made by this employee that he was being harassed by Mr Williamson and other workers and Mr Williamson was subsequently disciplined, with this disciplinary resulting in Mr Williamson being dismissed for racially motivated bullying and harassment.

The former Scotoil employee subsequently brought a claim for unfair dismissal and wrongful dismissal against the company, with his claim coming to the Employment Tribunal earlier this year. Mr Williamson, giving evidence in his favour, claimed that he had only submitted his concerns regarding the safety of other employees and that his comments were not supposed to be construed as racially offensive or constituting harassment.

The Employment Tribunal, chaired by Employment Judge Ian McFatridge, ruled in Mr Williamson’s favour in the claim, holding that the firm had “no reasonable grounds” to believe that Mr Williamson’s conduct was intended to harass or discriminate against the Polish employee and, further, that the firm had failed to distinguish between “legitimate comment” and alleged “racially-motivated bullying and harassment”. Judge McFatridge also commented that Mr Williamson had been treated in a different fashion to other employees.

Mr Williamson was awarded £30,000 in lost earnings for his claim for unfair dismissal.

Chris Hadrill, an employment solicitor at Redmans Solicitors, commented on the case: “Employers must undertake a fair investigation when disciplining employees, with that investigation focussing on specific allegations, fact-finding on those allegations, and making a reasonable decision based upon those facts. Employers must also treat employees in a fair manner and must not ‘discriminate’ by, for example, investigating one employee but not investigating others. If such conduct occurs then it is likely that a dismissed employee would succeed with a claim for unfair dismissal.”

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 first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    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

    4.77 Average

    205 Reviews

    Gary P

    All good advice, prompt and efficient

    Posted 4 weeks ago

    Anonymous

    Excellent advice and customer service.

    Posted 2 months ago

    Aneet G

    I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

    Posted 2 months ago

    Fern M

    Very efficient and friendly

    Posted 2 months ago

    Neville S

    A professional and friendly service, which I would highly recommend.

    Posted 2 months ago

    Daniel T

    Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

    Posted 2 months ago

    Paul T

    Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

    Posted 2 months ago

    Marina E

    Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

    Posted 2 months ago

    Rosa B

    Fabulous service all round.

    Posted 2 months ago

    Anonymous

    Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

    Posted 2 months ago

    Alkhas K

    Excellent service.

    Posted 2 months ago

    Mathias G

    Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

    Posted 3 months ago

    Mark W

    Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

    Posted 4 months ago

    Anonymous

    Posted 4 months ago

    submit

    I am very glad I came across Redmans Solicitors. Fantastic service!

    Posted 4 months ago

    Anonymous

    Fantastic communication, always happy to answer queries, highly recommended.

    Posted 4 months ago

    Wavenie B

    They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

    Posted 4 months ago

    Christina P

    Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

    Posted 4 months ago

    Anonymous

    Very well done and fast support. Professional and reliable. Highly recommended!

    Posted 4 months ago

    Helene L

    They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

    Posted 4 months ago

    Sara R

    Very helpful and wonderful advice

    Posted 4 months ago