Rolls-Royce workers lose unfair dismissal appeal

Jul 3 2008 by Alastair McNeill, Hamilton Advertiser

FIVE Lanarkshire shopfloor workers sacked for playing darts or watching football during a shift last week lost an unfair dismissal claim.

Senior shop steward Clark Fortune of Larkhall (with 27 years’ service) and Alan Howat of Blantyre (with 18 years’ service) were among those sacked after managers at Rolls Royce in East Kilbride visited the shop floor on October 31, 2006, during a back shift.

The fitters, who also included Gordon Campbell of East Kilbride, Alistair Hope of Thornliebank, and Andrew Coulter of Harthill, had been assigned to the V25 project, repairing and overhauling aeroengines.

Production manager John McCormick had decided to “walk through” the shop floor on the evening of a UEFA Champions League game between Chelsea and Barcelona.

He had been concerned that an engine was not going to be delivered to a customer on schedule and had enlisted help from two other managers and human resources advisor Judith Anderson.

The five who were sacked claimed it was a raid.

Managers found a table had been moved in the canteen area and Alan Howat was standing with darts in his hand.

Gordon Campbell was seated with a pen in his hand.

Mr McCormick said: ‘What are you up to guys – what are you doing?’ and Mr Fortune replied: ‘Obviously, something we shouldn’t.’

Mr McCormick collected the score sheet, which showed the three had completed six games and were on the seventh.

The other two managers checked another production area and found Andrew Coulter and Alistair Hope sitting watching football on a small TV.

Production manger Brian Johnston put a hand on each of their shoulders and said: ‘What are you doing lads?’

Neither had heard him approach and were shocked to see him there.

The fitters claimed that the TV had been set up during their break.

All five were suspended pending further investigation for playing darts or watching television during working hours and were subsequently dismissed.

They all complained that their sackings were unfair but a Glasgow employment tribunal rejected their claims.

During investigations, the three had denied there was an organised game of darts taking place; they had been playing earlier during their official break.

Mr Clark said he returned later to get a glass of water and the other two were just messing around.

Gordon Campbell said he had gone to the canteen to get a glass of water and was ‘playing bully’ but not a game.

Alan Howat said he returned to the canteen to put his plate and the dartboard away and had picked up his darts and thrown them at the board.

Mr Coulter denied that he said he had set up the TV.

He explained Chelsea player Ashley Cole had been given two yellow cards, there had been a commotion, and they stupidly sat down and watched the replay.

Mr Hope said he could hear the commentary while working, thought a goal had been scored and went to look at the TV, pulled over a seat and sat down to watch for a few minutes.

He did not know where the TV had come from.

Following a disciplinary hearing, all five men were dismissed for gross misconduct.

In its written judgment, the tribunal said it was satisfied Rolls-Royce PLC were able to come to a genuine belief based on a reasonable investigation that three men were involved in an organised game of darts.

In relation to the other two men, the tribunal considered there was sufficient evidence for the company to reach the view that the two workers had not just happened to go across to the TV at the particular moment when management arrived and were seated comfortably watching a game of football.

The tribunal, by a majority, concluded dismissal was not outwith the band of reasonable responses, although given it was a first offence and involved long periods of service, it may have been at the harshest end of the range.