Mr D Torrance v PSSB Ltd: 4105741/2016
| Judgment Date | 24 July 2017 |
| Subject Matter | Unfair Dismissal |
| Date | 24 July 2017 |
| Citation | 4105741/2016 |
| Published date | 07 August 2017 |
| Court | Employment Tribunal |
E.T. Z4 (WR)
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4105741/2016
Held in Glasgow on 10, 11 & 12 April 2017 & 16 May 2017 5
Employment Judge Shona MacLean
Mr David Torrance Claimant 10 Represented by:
Mr J Lee
Solicitor
15 PSSB Limited Respondent
Represented by:
Mr D Burnside
Consultant
20
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The judgment of the Employment Tribunal is that the application is dismissed.
REASONS
Background
1. In the claim form sent to the Tribunal’s office the claimant complains that he 25
was unfairly dismissed when the respondent terminated his employment on
7 October 2016. The dismissal was unfair because the respondent set
unreasonable and unrealistic targets. It failed to consider counter proposals.
It failed to give fair notice of “formal meetings”.
2. The respondent sent a response admitting that it dismissed the claimant. 30
The reason was capability (performance) which is a potentially fair reason
for dismissal. The dismissal was fair and reasonable in all the
circumstances.
3. The issues for the Tribunal to determine were:
a. What was the reason for dismissal? 35
4105741/16 page
2
b. Was it a potentially fair reason?
c. Did the respondent act reasonably in treating this reason as a
sufficient reason for dismissing the claimant?
d. If not, what remedy should be awarded?
4. At the Hearing the respondent’s witnesses were Anne Quinn, Director; 5
Joseph Quinn, Director; and Eileen Moore, family friend. The claimant gave
evidence on his own account, Andrew McGeachie, gave evidence on his
behalf. The parties produced a joint set of productions. The claimant also
produced supplementary productions.
5. The Tribunal found the following essential facts to have been established or 10
agreed.
Findings in Fact
6. The respondent is a limited company providing a voluntary staff benefits
programme for NHS Greater Glasgow and Clyde, NHS Lothian, NHS
Lanarkshire, NHS Forth Valley and NHS Ayrshire and Arran. It has a place 15
of business in Paisley.
7. Anne Quinn and Joseph Quinn are Directors of the respondent. They are
not employees of the respondent. They are also directors of other
companies.
8. Before employing the claimant, the respondent subcontracted sales. On 7 20
May 2009, the respondent employed the claimant as Account Manager. He
was recommended to the respondent and had an established sales
background. The claimant had no administrative backup. In the first year all
the business was new business. His average monthly sales were £3,500.
9. In 2010 the respondent recruited an administration officer, Chantel 25
Manners. While it was initially intended that Ms Manners would do telesales,
her strengths were in dealing with incoming calls, setting up appointments
and administration. This allowed the claimant to focus on sales.
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