‘Cup gate’ – Mullen v Glasgow Health Board

Following a dispute between colleagues over a used cup, an NHS worker has won a case of unfair dismissal.

Mr Steve Mullen, an NHS supervisor at Glasgow Royal Infirmary, became irate after spilling liquid on himself after picking his cup to make himself a well-earned cuppa. He accused colleagues of using his cup and leaving liquid inside, but no one owned up to the act.

Mr Hutchison, a technician, approached his supervisor, Mullen, and tried to calm him down by telling him he was mistaken and that the cup did not belong to him.

Things escalated resulting in an altercation between Mullen and Hutchison in the department’s washroom. A complaint was filed against Mullen by Hutchison. An investigation and disciplinary hearing followed in which Mullen was informed that Hutchison accused him of swearing at him and threatening him. Mullen was further accused of trying to provoke Hutchison into a physical confrontation by stating that he knew where Hutchison’s car was parked and would get him outside later. Hutchison said he feared for his personal safety, believing the threat was genuine.

During the investing, Mullen said he was provoked as Hutchison was not wearing the correct PPE when he approached him. Mullen offered to apologise to Hutchison.

In October 2021, Mullen’s employment was terminated for reasons of gross misconduct. Mullen’s subsequent appeal was dismissed which led him to file for a claim for unfair dismissal against Glasgow Health Board.

Tribunal findings

Mullen won his case for unfair dismissal because the tribunal found the disciplinary process was too lengthy, lacked impartiality and may have been influenced by his prior behaviour. Glasgow Health Board was ordered to pay compensation of just under £9000.

Employment Judge Rosie Sorrell said “I have carefully assessed all the evidence in the round. In doing so, I have found there were procedural defects in the process leading to the dismissal.

I have therefore concluded that these procedural deficiencies had such impact that they rendered the whole process unfair, and that Glasgow Health Board did not act reasonably in dismissing him.”

The award was later reduced to £2,312.50 due to the serious nature of the claims and the adverse impact on Hutchison’s mental health.

Learning for employers

• Nip any unhealthy team dynamics ‘in the bud’ using conflict resolution and mediation where needed
• Ensure any investigations and subsequent disciplinary hearings are carried out promptly, in a timely manner and in line with any guidelines laid out in company procedures
• Ensure those leading the investigation are independent and impartial
• Ensure any outcome or sanctions applied are in proportion to the breach of conduct
• Ensure that the sanctions applied are relevant to the conduct in question and no previous incidents

Please contact your SSG HR consultant if you need further advice or would like further information on upcoming training.

Source: Nicola Harding