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Unfair dismissal – senior NCT tester awarded €35,000

Richard Gosland was employed as a senior tester by Applus Car Testing Ltd., the firm that holds the NCT contract. He tested his own vehicle in March 2012 but was sacked a year later in 2013 for doing so.  Mr. Gosland was unaware that testing his own vehicle, or a vehicle belonging to a family member, would result in his dismissal.

A disciplinary meeting, held in August 2013, concluded with Mr. Gosland being suspended on full pay, pending a final decision. The following day Mr. Gosland received a letter informing him that his employment would be terminated from 27th September, which he appealed unsuccessfully.

The Employment Appeals Tribunal (EAT) found that Applus was either unaware of or overlooked Mr. Gosland’s actions and this delay undermined the decision to dismiss him.  

They also found that the dismissal was unfair and awarded Mr. Gosland €35,000 after taking account of his contribution to his dismissal.

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