Supreme Court
McBride v Scottish Police Authority
[2016] UKSC 27
2016 June 15
Baroness Hale of Richmond DPSC, Lord Clarke of Stone-cum-Ebony, Lord Wilson, Lord Reed, Lord Hodge JJSC
,
EmploymentUnfair dismissalReinstatementClaimant fingerprint expert having given evidence in high profile trialEvidence challenged by other experts leading to acquittalEmployer placing claimant on restricted duties excluding court work owing to prosecuting authorities’ refusal to use claimant in future cases Claimant carrying out restricted duties for several years but then dismissedEmployment tribunal holding dismissal unfair and ordering reinstatement “as a non court going fingerprint officer”Reinstatement order quashed by appellate court as amounting to order to employ claimant on amended termsWhether order alteration of terms of contact or mere recognition of practical limitation on scope of claimant’s work

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