NHS worker fired after row with colleague over someone using his cup wins unfair dismissal case

Steve Mullen was sacked for gross misconduct by NHS after having worked for health service for nearly 20 years

A hospital worker for the NHS has won a case of unfair dismissal after he was fired from his job following a row over a cup.

Steve Mullen became angry when someone used his cup after he found liquid left in the drinking vessel which he spilt on himself.

An employment tribunal heard that Mr Mullen confronted fellow staff to ask who was responsible for leaving the liquid in the cup.

He was accused of threatening a member of his team - Paul Hutchinson - during the exchange.

Mr Mullen said he had done nothing wrong but was sacked for gross misconduct by the NHS, despite having worked for nearly 20 years in the service.

However, an employment tribunal has now awarded the 43-year-old more than £2,000 after ruling that the investigation into his behaviour - carried out by the NHS - was flawed.

The hearing, which took place in Glasgow, heard that Mr Mullen started working for the city’s Royal Infirmary in 2002 as a technician.

In 2018 he was made a supervisor in the Endoscopy Decontamination Unit, earning £26,000 a year.

The hearing learned that on 11 March 2021, Mr Hutchison, who worked for him as a technician, had made a complaint following the incident.

"In summary, he stated that [Mr Mullen], who was his supervisor, was agitated about someone using a cup belonging to him," the tribunal heard.

"In trying to calm him down, [Mr Mullen] had repeatedly sworn at him and made apparent threats later on."

When questioned about the incident, Mr Mullen said that he had acted in that way as he was “’angry and disappointed” to find that someone had used his cup and that they had left liquid in it, which had spilt on him when he picked it up.

Mr Mullen allegedly asked everyone in his changing room if they had used the cup, to which no one admitted responsibility.

Moments later, Mr Hutchison allegedly approached Mr Mullen in the department’s wash area and told him that the cup was not his.

A disciplinary hearing at the hospital accused Mr Mullen of verbally berating his colleague.

Bosses at the hospital told him: "Mr Hutchison had stated that you had attempted to goad him into a physical fight and threatened action at a later date by stating that you knew where he parked his car and that you would get him outside.

"Mr Hutchison said that you were shouting and swearing at him and had told him to ‘f*** off home.’ Mr Hutchison believed that you were goading him into a fight and then had threatened him by saying you knew where he parked his car and you would get him outside.

"Mr Hutchison believed that this was a genuine threat and that he was fearful for his safety."

Mr Mullen said that he and Mr Hutchison were friends and that he was willing to apologise to him.

However, he denied threatening him, suggesting he had been provoked because his colleague was not wearing the correct PPE at the time.

In October 2021 he was fired, having been found guilty of gross misconduct.

Mr Mullen appealed against the decision but his appeal was rejected. As a result, he took the Health Board to the tribunal claiming unfair dismissal.

His case was upheld as the tribunal ruled that the disciplinary process had taken too long, had not been impartial and had been potentially influenced by the prior incidents.

Employment Judge Rosie Sorrell said: "I have carefully assessed all the evidence in the round. In doing so, I have found there were procedural defects in the process leading to [Mr Mullen’s] dismissal.

"I have therefore concluded that these procedural deficiencies had such impact that they rendered the whole process unfair and that [Glasgow Health Board] did not act reasonably in dismissing [him]."

Mr Mullen was initially awarded £8956.26 in compensation.

Later however, the judge ruled that it should be reduced by 75 per cent to £2,312.50.

She explained her reasoning for the decision citing the “serious nature” of the claims and the “adverse impact of that behaviour on Mr Hutchison’s mental health and wellbeing”.