The British Waterways Board (t/a Scottish Canals) v Smith Posted In: Case Law
Case ReferenceUKEAT 0004_15_0308
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionUnfair Dismissal
The respondent is responsible for inland waterways within Scotland. The British Waterways Board operates in Scotland under the name “Scottish Canals”. It employs about 160 manual workers who work a seven day rota. They are also on standby for seven days one week in every five. During their standby period they are not permitted to consume alcohol.
The claimant was not happy at work and it's fair to say he wasn't the only one. There had been a number of complaints about health and safety and other matters and a recommendation to go to mediation was on the table when the employee was suspended for comments he had made on Facebook. As well as derogatory terms about his superiors, he made several
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