A hospital worker was fired after a row with a colleague who used his tea cup.
Stephen Mullen was accused of threatening Paul Hutchison after he found liquid in his cup which he then spilt on himself. Despite protesting his innocence, Mullen, a supervisor at Glasgow Royal Infirmary, was sacked for gross misconduct after almost 20 years in the NHS.
Now an employment tribunal has awarded the 43-year-old almost £9000 after ruling the NHS investigation was flawed. However, the compensation has been significantly cut after a judge found his behaviour did have a serious impact on Hutchison.
The hearing was told that on March 11, 2021, Hutchison, a technician who worked for Mullen, made a complaint.
The tribunal heard that while berating him, Mullen had told Hutchison he wanted to “rip his f*****g beard off his f*****g face”, that he knew where he parked his car and that he would “get him outside”.
Mullen said he and Hutchison had been friends and he was willing to apologise to him. However, he denied threatening him and said he was provoked because he wasn’t wearing the correct PPE at the time.
Employment Judge Rosie Sorrell said: “I have found there were procedural defects in the process leading to (Mr Mullen’s) dismissal.”
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