Anderson v Fife Health Board [2019]

The claimant had been employed by the respondent health board since 2001. The claimant had a history of mental ill-health and following his conviction of driving under the influence of alcohol he was dismissed by the respondent.    The reason put forward by the respondent for the dismissal was gross misconduct due to the criminal conviction which directly impacted his ability to fulfil his duties in his job.  It was clear that the respondent required gardeners to have a driving licence for the job and the claimant, as a result of his criminal conviction, was disqualified from driving for two years.   As a result of the decision to dismiss, the claimant brought