Latest news with #employmenttribunal
BBC News
3 days ago
- General
- BBC News
Ex-officer on trial for perjury in Police Scotland tribunal
A former Police Scotland firearms officer has gone on trial charged with perjury in connection with evidence he gave at an employment Warhurst is also accused of sending indecent images or videos of topless women to a WhatsApp group of male police sergeants, and making a derogatory comment about a colleague's pregnant Warhurst gave evidence at a tribunal in 2021 and is accused of denying he shared the images or made the remark, when he in fact knew that he had done denies the charges against him at Edinburgh Sheriff Court. Giving evidence, a former firearms officer Richard Creanor alleged that in April 2017 he witnessed Mr Warhurst make the derogatory remark about their colleague's pregnant Creanor said that fellow officer John Morgan had told several colleagues in an office that his partner had discovered she was told them he took the previous day off work to go to a hospital appointment with her because she initially believed she had a Creanor claimed that Keith Warhurst then swore and said the woman must be fat "if she didn't realise she was pregnant".When asked by the procurator fiscal depute how he responded, Mr Creanor said he was "stunned"."However, I need to also explain there is also a dark humour that exists within the police - things that would not be acceptable in any other walk of life," he added."But I felt that went past inappropriate banter. It was just a horrible thing to say."Mr Creanor claimed that John Morgan responded to Mr Warhurst's remark and appeared "furious", but under cross-examination from the defence could not remember what Mr Morgan had Mr Creanor and Mr Warhurst gave evidence at an employment tribunal in Creanor told the court he told the truth at the tribunal and was telling the truth also said he was "furious" for a "variety of reasons" in the aftermath of the tribunal. One reason, he said, was that "Keith had insinuated or stated that I had lied, by giving his own evidence saying these things were not true".Mr Warhurst has since left the force. WhatsApp claim Mr Creanor was also asked about a WhatsApp group that several sergeants in the unit were members told the court that in the autumn of 2017, Mr Warhurst sent images of topless women to the group Creanor claimed that he was not offended by the images and did not take the issue any court also heard from a former officer who had served with both men at the time and said the culture at the unit was White, a team sergeant on the firearms unit who has since retired, told the court he had also received the images in the WhatsApp described them as "sexualised images" and said that Keith Warhurst had sent White claimed that he responded to the images with "something like Keith, do you realise you're an inspector now?"Mr Warhurst had recently been temporarily promoted at the time the images were allegedly White told the court that although he wasn't offended by the images, he found it "surprising" given the group chat was work-related and that Mr Warhurst had recently been questioned on the culture at the firearms unit at the time, Mr White said there were "very few" women and that it was "male-dominated".Under questioning from the defence, Mr White confirmed that "images of a jokey type" could "possibly" have been sent on a regular trial continues.
Daily Mail
4 days ago
- General
- Daily Mail
Trans doctor receives counselling due to the 'incredible distress' of NHS gender tribunal
A trans doctor at the centre of a landmark employment tribunal has claimed the distress of giving evidence forced the medic to undergo counselling. Dr Beth Upton has defiantly spoke out to say 'trans people are not going anywhere' after revealing plans for the money raised by a crowdfunder. Dr Upton, who was born a man, and Fife Health Board are accused of breaching the Equality Act after forcing nurse Sandie Peggie to get changed alongside the trans medic. Mrs Peggie, 50, was suspended from her job at NHS Fife after challenging Dr Upton's presence in the women's only facilities at Victoria Hospital in Kirkcaldy. She has lodged a claim of sexual harassment, discrimination and victimisation at an employment tribunal. Although Dr Upton has given evidence to the tribunal, the medic has so far failed to comment on the proceedings outside of the court room. The 30-year-old has broken cover to tell supporters they should 'seize any chance to demonstrate that we're [trans people] here, we are loved, and we're not going anywhere'. In a message to those who donated almost £6,000 to a crowdfunder titled: 'Love and treats for Dr Beth Upton', the doctor on Wednesday said the tribunal had been 'incredibly distressing' but urged supporters not to give up the fight. The medic wrote: 'First, I want to say a huge thank you to everyone for your kindness and generosity. 'The whole experience has been incredibly distressing and knowing there are people out there who support me and my community means the world to me. 'While this has been a huge personal struggle, I think it's also important to acknowledge the wider context the case exists in and the potential for its effects to impact many in the trans community and beyond. 'I feel we should seize any chance to demonstrate that we're here, we are loved, and we're not going anywhere.' Dr Upton said half of the £5,807 raised for their cause would go towards paying for counselling and time taken off by the medic's wife. It is understood the doctor's legal fees are being covered by the taxpayer via the NHS's Central Legal Office. The doctor wrote: 'Both my wife and I have been blown away by the support shown by all of you and have carefully considered how best to use the funds raised through this thoughtful gesture. 'We believe it's important, given our position, to share that kindness with others. 'With that in mind, we intend to divide the money roughly into two, using half to cover our practical costs related to the tribunal and surrounding experience (e.g. counselling, loss of earnings for my wife, travel and accommodation) and the other half we intend to split amongst several local charities and community groups working to support vulnerable people. 'We must not forget that the rights we do have have been hard fought for and we must continue to fight for those rights and for the rights of others. We must remember that we know ourselves better than others can ever know us and nothing can change who we know ourselves to be.' The message was signed off by Dr Upton and Zoe, the medic's wife, with the words 'love and solidarity'. The employment hearing in Dundee, which will resume in July, was launched before last month's Supreme Court ruling that clarified that the meaning of 'sex' in equalities law refers solely to 'biological' sex. The nurse lodged a claim against the health board and Dr Upton, citing the Equality Act 2010, including sexual harassment, discrimination and victimisation. The Mail revealed last week how Mrs Peggie is also suing the Royal College of Nursing for failing to help her in her battle against Fife Health Board. An equivalent fundraiser for Mrs Peggie has garnered around £38,000 worth of donations - all of which is set to go to charity. Last night, Susan Smith of campaign group For Women Scotland said: 'Dr Upton continues to pretend he is the victim, saying the experience has been 'incredibly distressing' and a 'huge personal struggle'. 'Reading this, one might forget the distress caused to a female nurse who objected to his presence in the women's changing room, and the compromise to her dignity and privacy. 'As for a 'struggle', Ms Peggie has the weight of the NHS against her and was unsupported by her own Union. 'Dr Upton, backed by managers and senior colleagues, is certainly not the underdog in this sorry tale and, moreover, pushed the hospital to take action against Sandie.'
Sky News
4 days ago
- Health
- Sky News
NHS Fife rebuked by watchdog over handling of transgender row tribunal cost requests
NHS Fife failed to comply with its freedom of information duties over the costs of an employment tribunal, Scotland's Information Commissioner has ruled. The health board received three separate requests in March 2025 for the cost to date of the legal action, which was brought by nurse Sandie Peggie after her complaint about sharing a changing room with transgender medic Dr Beth Upton led to her suspension. She was suspended from Victoria Hospital in Kirkcaldy, Fife, in January 2024 after she objected to Dr Upton using the changing facilities in its A&E department on Christmas Eve 2023. Ms Peggie took the health board and Dr Upton to a tribunal, lodging a complaint of sexual harassment or harassment related to a protected belief under section 26 of the Equality Act 2010. The tribunal has been part heard, with proceedings set to continue in July. NHS Fife rejected all three freedom of information (FOI) requests, stating that the information requested was exempt under the FOI Act's exemption - which protects personal information. However, a probe by the Scottish Information Commissioner has revealed that when responding to the requests, NHS Fife did not actually have the information on which it based its reply. Information Commissioner David Hamilton said the details about costs was not obtained until later from the NHS Central Legal Office, and that the health board should have replied on the basis of information it did hold at the time of the requests. Mr Hamilton ordered the health board to carry out fresh searches for information it did "actually hold" at the time, and to issue revised responses in line with what it finds. The commissioner also disputed NHS Fife's claim the cost data would be exempt from disclosure on the basis set out, and called on it to "exercise caution" when considering related exemptions around any additional information found. Mr Hamilton described the matter as "frustrating" both for himself and for those who were seeking the information from the health board. "In the circumstances, I am only able to require that NHS Fife carry out further searches to identify all information held at the time the request was made and then issue a revised response to the requesters," he said. "The delays that have arisen as a result were wholly avoidable, and I would urge that all public authorities ensure their responses to FOI requests are based on information they actually hold." A spokesperson for the health board said: "NHS Fife notes the report from the Scottish Information Commissioner and intends to comply fully with its decision notice."
Daily Mail
5 days ago
- Business
- Daily Mail
Work from home is allowed to supervise your gardener, tribunal rules as company director wins £30,000 payout
Employees who ask to work from home because they are having work done on their garden should not be disciplined, a tribunal has ruled. IT director Ben Wicken had been scheduled to meet company founder Christophe Boudet in person to try to resolve a work disagreement, the employment tribunal heard. But the pair fell out when he asked to hold it instead via Teams - as his gardeners were due to come over and he needed to work from home for the rest of the week as a result. Mr Boudet told the tribunal he was 'very disappointed' by this as it made it seem as if Mr Wicken was not taking the process seriously. Shortly afterwards, his co-directors announced that they had 'lost trust and confidence' in the technical director, leading to his eventual resignation. Mr Wicken has won a £30,692 payout after winning his constructive dismissal case against IT services company Akita Systems. It is the latest in a series of bizarre office behaviours to be deemed lawful or unlawful by employment judges. Calling a man bald or sending an unwanted birthday card are among those that have been deemed unlawful but air kissing a colleague was allowed. The tribunal, held in Croydon, south London, heard that Mr Wicken began working at the company in March 2014 as a junior network manager and later became the technical director. In March 2022 he got into an argument with Mr Boudet about holiday cover. An external HR specialist, Maria Cruse, who witnessed the argument, offered to carry out mediation between the two directors to help them improve their communication. The tribunal heard their first mediation meeting went well and they continued to meet regularly. 'The next mediation meeting was due to take place on 3 May 2022,' the hearing was told, 'but [Mr Wicken] called Mr Boudet and asked if they could move the meeting to a Teams meeting and change the time to 11am as he needed to work from home for the rest of the week because he had work being done in the garden and so he would need to be there. 'The Tribunal accepts the evidence of Mr Boudet that he was very disappointed about this and told [Mr Wicken] that it appeared he was not taking the process seriously. [He] did then attend the office.' The tribunal heard that Mr Wicken felt 'attacked' during the meeting and broke down in tears following an 'off the record' discussion with his boss afterwards. He was asked to draft an 'improvement plan' for his relationship with the founder, which he described as a 'sham', before submitting a grievance which was later closed amid a row that the external HR consultant asked to investigate was a long-standing friend of Mr Boudet. This was the 'last straw' for Mr Wicken, who had been off sick for two months, and he chose to resign on 28 June instead of returning to Akita Systems. He listed the reasons for his resignation as conduct towards him since February, a 'sham' performance improvement plan, and the appointment of the consultant to investigate his grievance. The tribunal found Mr Wicken's treatment did lead to his constructive unfair dismissal, in particular comments made by Ms Cruse about his co-directors losing trust in him, the instructing of HR consultant, and the decision to close his grievance. Employment Judge Lisa Burge said that although Mr Wicken acknowledged that prioritising his gardener over the one-to-one meeting was a 'mistake' it wasn't 'blameworthy' on his part. She said: 'The tribunal concludes that [Mr Wick] did not contribute to his dismissal... '[Akita] submits that [Mr Wick] admitted that his decision to prioritise arrangements with his gardener over attendance at a one-to-one mediation follow-up meeting was a mistake and that he refused to cooperate with the grievance investigation. 'However, these actions, in the context of the facts found and detailed above, do not constitute 'culpable or blameworthy' conduct.'
The Guardian
6 days ago
- Business
- The Guardian
It's OK to work from home to supervise gardeners, employment tribunal rules
The question of when working from home is acceptable – and when you really should be at an office desk – is becoming one of modern life's conundrums. An employment tribunal has suggested it may be OK to remain at home if you need to supervise workers, even if it means attending an important meeting remotely. The thorny issue surfaced during a hearing into the case of an IT director who requested to attend a meeting by video call because gardeners were doing work at his home. His boss was upset and questioned whether he was treating the meeting seriously, but the tribunal said his decision to stay at home did not constitute 'blameworthy' behaviour. The tribunal in Croydon, south London, heard that Ben Wicken had been scheduled to meet the managing director of the IT services company Akita Systems, Christophe Boudet, in person to attempt to resolve a disagreement. Wicken asked if he could attend a mediation meeting on Teams. The tribunal ruling said: 'The claimant [Wicken] called Mr Boudet and asked if they could move the meeting to a Teams meeting and change the time … as he needed to work from home for the rest of the week because he had work being done in the garden and so he would need to be there.' Boudet was said to be 'very disappointed' and told Wicken that it appeared he was not taking the process seriously, the tribunal was told. At a follow-up mediation meeting, an external human resources professional questioned Wicken's desire to prioritise working from home to 'sort out' his gardeners rather than going into the office for the one-to-one meeting. Initially, the tribunal heard, Wicken could not understand what he had done wrong but then conceded 'in hindsight' he should have communicated better with Boudet. Wicken felt 'attacked' at the meeting and told Boudet he thought he was 'undervalued' before breaking down in tears. The human resources professional later told him the directors of the company had lost trust and confidence in him, and he resigned the following month. The tribunal found fault in elements of the way Wicken's case had been handled and said it amounted to unfair dismissal. The employment judge Lisa Burge added that Wicken had not contributed to his dismissal. She said: 'The respondent [Akita] submits that the claimant admitted that his decision to prioritise arrangements with his gardener over attendance at a one-to-one mediation follow-up meeting was a mistake and that he refused to cooperate with the grievance investigation. 'However, these actions, in the context of the facts found and detailed, do not constitute 'culpable or blameworthy' conduct.'
