Published: Thursday, 21st January, 2010 7:10am
Sacked - for not clocking out before hospital appointment
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AN EMPLOYEE with an unblemished record was sacked from his job at a Dunfermline electronics manufacturer for failing to clock out for a hospital appointment.
Alexander Shand was only away for 30 minutes but his bosses at Simclar International Ltd, in Pitreavie Business Park, classified his actions on a par with sexual harassment or drug taking.
He took the firm to an employment tribunal for unfair dismissal after the remarkable decision.
Simclar contested the claim at a hearing last month, arguing that the 33-year-old's "gross misconduct" for not clocking out was "stealing money".
But they have now been ordered to pay him £8009 after a panel concluded the sacking was "outside the range of reasonable responses" for an employer to take.
Mr Shand, of Lochgelly, had worked as a production operator at the firm's Dunfermline plant for 11 years.
He had a clear disciplinary record and was considered to be a good employee.
On 8th April last year, Mr Shand clocked in for work as normal around 7.45am.
He had a hospital appointment for 9am that morning and told his manager, David Copeland, who said it was not a problem.
The Edinburgh hearing was told that Mr Shand left the factory at 8.50am but was in a hurry and forgot to clock out.
He returned just half an hour later but that afternoon it became clear there was an issue about him not clocking out.
Robert Waterson - the firm's director of operations - eventually suspended Mr Shand.
Mr Waterson told him that Simclar was considering sacking him for "an act of gross misconduct".
The company had a list of offences which fell under such a category. These included assault, sexual harassment, taking drink or drugs at work as well as vandalism.
Mr Shand told his director he was unaware that failing to clock out could lead to being fired.
But he was eventually dismissed and, after an unsuccessful appeal, took Simclar to a tribunal.
The hearing was told Mr Waterson had a "very firm view" about clocking out and that Mr Shand's actions had been "deliberate".
It was his opinion such an act amounted to "stealing money from the company".
However, in a written judgement, the tribunal panel stated, "It would not be obvious that going to a hospital appointment without clocking out would be seen as dishonest and gross misconduct."
They added, "The tribunal concluded that dismissal was outside the range of reasonable responses a reasonable employer might have adopted.
"This is taking into account the claimant's length of service, previous clear record, the fact he was accepted to be a good worker and the lack of proper notice or warning that his offence could be regarded as gross misconduct leading to potential dismissal."
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Ben Dover
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Jan 21 10 12:44
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Who want's a job at Simclar? Not me anyway!!!
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Alice-Amelia
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Jan 21 10 14:09
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Good for him if anything he should not have been sacked, but maybe given a formal for his mistake and his wages docked for the half and hour he wasnt there that would have been reasonable action. getting paid an half an hour he wasnt there what is 5 or 6 pounds to a company like simclar this is idiocy (i dont know his wages im just gestimating).
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Robert
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Jan 22 10 13:09
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It's not stealing. He didn't go off for a game of fives on work time, he went to the doctor, which was approved by his manager. Utter nonsense. We have a clock system at work and people forget to clock in/out for things all the time and just submit an adjustment.
Simclar need to get a grip. It's no wonder they've been scaling back if that's the way they treat their staff.
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NEILY-J
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Jan 22 10 14:26
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aye man thats pure nae gid n that like, weve got a clock at oor work n aw n if we forget tae clock we just pit a manual adjustment intae the system n that ken, thers pure nae need tae sack the loddy ower it ken
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bob
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Jan 22 10 20:21
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Worked there for three months and got the boot along with a hunderd others the last week before xmas one year! Merry Xmas indeed! The never had toilet seats in the gents toilets - presumably to stop anyone sitting down too long on the job!!
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bob
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Jan 22 10 20:21
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Worked there for three months and got the boot along with a hunderd others the last week before xmas one year! Merry Xmas indeed! The never had toilet seats in the gents toilets - presumably to stop anyone sitting down too long on the job!!
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Fairfax
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Jan 22 10 21:59
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Very poor show from this Waterson fellow.
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Martin
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Jan 25 10 08:48
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Simclair... good employer? hahahaha.... Good on Mr Shand for getting his 8k... thats about 6 months wages? Now he'll probably loose a years wages looking for a new job.
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Max
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Jan 25 10 11:17
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NEILY-J - did you actually go to school or do you just write like you talk? I hope you come with subtitles because I havent\'t a clue what you are talking about!
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Elaine
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Jan 25 10 12:47
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@Max i agree with you. NEILY-J - you need to learn how to spell in English. Even though i understand what you wrote, it's painted a mental image of yourself for me, and i can imagine it probably it isn't far off the truth.
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NEILY-J
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Jan 25 10 16:37
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Aye man, i went tae skool like, am pure clever n that ken
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NEILY-J
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Jan 25 10 16:45
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PS Elaine wot does 'it probably it isn't far off the truth' mean, that is appalling grammar! It doesnt even make sense. You have clearly put 2 its in your sentence for no apparent reason! What school did you go to? Take a little time to think before you go criticising others!
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NEILY-J
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Jan 26 10 10:26
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Gubbed
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zico
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Jan 26 10 11:13
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I worked at simclar for a very long time and the way they treat workers is shocking.People are expected to give blood in return for minimum wage and poor overtime rates where as Mr Russel(boiled ham) hes become very wealthy from this.The thing is he thinks minimum wage is premium rate lol.What a complete joke.You have a good workforce an they deserve better
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NEILY-J'S PAL
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Jan 26 10 12:14
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HAHA you look quite the fool now dont you elaine, I bet you are from Rosyth arent you
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Elaine
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Jan 26 10 16:36
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NEILY J & his "pal". I think you need to look at your own previous post's before you start critising mine. Hand's up there was an extra "it", but i'm sure your "aye man thats pure nae gid n that like" is a lot worse than an extra "it" . But at least your last post proved that you can spell!
NEILY-J's "pal" - No i'm not from Rosyth. Also i suggest checking your own grammer. I'm sure there is an apostrophe in "dont" and "arent".
Now the spelling lesson is over, and you are "pure clever n that ken" i suggest you find a job rather than sitting with your "pals" on forums looking stupid!
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Elaine
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Jan 26 10 16:44
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NEILY J & his "pal". I think you need to look at your own previous post's before you start critising mine. Hand's up there was an extra "it", but i'm sure your "aye man thats pure nae gid n that like" is a lot worse than an extra "it" . But at least your last post proved that you can spell!
NEILY-J's "pal" - No i'm not from Rosyth. Also i suggest checking your own grammer. I'm sure there is an apostrophe in "dont" and "arent".
Now the spelling lesson is over, and you are "pure clever n that ken" i suggest you find a job rather than sitting with your "pals" on forums looking stupid!
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Sue
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Jan 26 10 17:01
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I agree with Elaine, and I resent that remark about Rosyth!! There's nothing wrong with Rosyth. Neily-J, even when you were pretending you could spell... you made no sense.
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Sue
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Jan 26 10 17:02
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I agree with Elaine, and I resent that remark about Rosyth!! There's nothing wrong with Rosyth. Neily-J, even when you were pretending you could spell... you made no sense.
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Mrs Munro
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Jan 26 10 17:03
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I hope my tax's didn't pay for your education. I will be asking for a tax rebate if this is the caliber they are producing.
Mrs Munro
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Sue
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Jan 26 10 17:03
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I agree with Elaine, and I resent that remark about Rosyth!! There's nothing wrong with Rosyth. Neily-J, even when you were pretending you could spell... you made no sense.
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Sue
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Jan 26 10 17:04
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I agree with Elaine, and I resent that remark about Rosyth!! There's nothing wrong with Rosyth. Neily-J, even when you were pretending you could spell... you made no sense.
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zico backer
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Jan 26 10 20:33
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all the way with zico's comments, worked there also for years n place is a joke, can't believe they no went bust yet!!
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NEILY-J
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Jan 27 10 07:58
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Elaine, all I need to say to that is - TWICE! Struggling with the concept of posting a comment AYE! I see Sue went one better though with a hat-trick lol
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NEILY-J'S PAL
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Jan 27 10 08:53
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Dinnae gee me a hard time, i kin total spel. i went tae skool fir pure yeers min. spelin wiz ma bestest subject n that ken. av total got a job n that tae in tesko. they dinne just gee anywon a job in ther so a must be klevir
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Elaine
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Jan 27 10 11:13
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Neily-J - A hat-trick is 3 times, perhaps you should learn to count aswell! haha.
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NEILY-J
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Jan 27 10 11:38
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thanks for tha Elaine. Is Sue your mum by any chance? It would make sense if she was
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NEILY-J'S PAL
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Jan 27 10 11:57
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HAHA aye neily-j, even tho i am ur pal even i ken that a hat-trick means 3 and me only push trolleys n that ken. Pure well barri likes
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imaginewhen
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Jan 27 10 12:28
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Sounds like those in the Kingdom of Fife know how to take the Mickey out of each other..not only that you have to be clever to type the words in the manner it was done ..try it some time Thanks for the laugh Fifers...
imaginewhen
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NEILY-J
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Jan 27 10 12:32
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Aye nae bohr imaginewhen, i like your style
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Hazelkaye
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Jan 27 10 17:37
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Just because someone IS clocked in at their work doesn't necessarily prove that they're actually working - does it?
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AVW
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Jan 31 10 06:07
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Reading this from Brisbane Australia after emigrating 3 yrs ago and we laughed so much this afternoon. We had forgotten all about "Ken". Neily and pal yu made us laf guid luck !
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NEILY-J
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Feb 2 10 16:55
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Cheers AVW!, I try my best but some people like sue and elaine dinnae ken how to take a joke, aw the best in Australia
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