Nuclear industry expert sacked unfairly says tribunal

4 September 2003

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A nuclear industry expert with specialist skills and expertise was unfairly dismissed by the United Kingdom Atomic Energy Authority (UKAEA) because it failed to take into account his depressive illness which management had triggered when he was inappropriately ‘walked off site’ in September 1999.

Following a five day hearing held in Carlisle in May, an employment tribunal panel has ruled that UKAEA dismissed John Dalton, a former safety manager, unfairly and discriminated against him on the grounds of disability.

Now, after a four year battle to clear his name, Mr Dalton, aged 42, of Frizington, Cumbria is keen to get back to work at the decommissioning site at Windscale, Sellafield.

"From the point at which I was quite wrongly walked off site at Windscale in 1999 my life has been turned upside down and I have suffered debilitating illness. I am delighted with the outcome of the tribunal but wish the process hadn’t taken this long. This was never about money, throughout my career I have been a supporter of the nuclear industry and of UKAEA and now I just want to get back to work."

The tribunal is still considering what the remedy for Mr Dalton’s unfair dismissal and disability discrimination will be.

Mr Dalton, who has a postgraduate degree in radiation biophysics, began work as a contractor at Windscale in 1993 and became an employee of UKAEA in 1998. His troubles began when, out of the blue, management called him to a meeting in September 1999 where they told him his management skills were not up to scratch and that his contract would not be renewed. Prior to this he had no indication that his performance was not fine. Despite having four months of his existing contract to run he was immediately walked off site and told not to return.

Expert independent medical evidence given at the tribunal hearing showed that this incident triggered a depressive illness resulting in symptoms similar to those experienced following a bereavement.

The tribunal ruled that: "The incident……when Mr Dalton was walked off the site at Windscale was carried out by management in a totally inept way and without thought for Mr Dalton. It was not in accordance with their own procedures."

Following this incident Mr Dalton contacted a former line manager who was then working for UKAEA 400 miles away at Dounreay, Scotland,who offered him another job as safety manager. For a period of 18 months, Mr Dalton worked there, commuting on a weekly basis from Cumbria, while continuing to contest his dismissal from Windscale. However his depression led to a lengthy period of sickness and he was dismissed from Dounreay in January 2002 without consultation or being offered another job.

The tribunal found that while working at Dounreay Mr Dalton was suffering various symptoms ‘as a result of mental impairment’. These symptoms included exhaustion, an inability to exercise even though he had previously been a fell runner, difficulty in climbing stairs and shopping. UKAEA management failed to make any allowances for his illness. The UKAEA’s own doctor and the independent medical expert confirmed that a transfer back to Windscale would have been 'appropriate' and could have relieved his symptoms but two jobs available there were not offered to him despite the fact Mr Dalton has technical knowledge needed by UKAEA that only a few other people in the country have.

The written decision of the tribunal panel stated: ‘The Tribunal concludes that the reasonable employer would obtain up to date medical information to determine when Mr Dalton could return to work. The Tribunal would also consider that a reasonable employer would consult with Mr Dalton to find out what his situation actually was…… There were two job opportunities for him at Windscale but these were never discussed with him. Mr Dalton was not consulted in any way. A reasonable employer would have consulted. We therefore find the respondents failed to offer alternative employment and failed to consult properly in bringing about Mr Dalton’s dismissal. Mr Dalton was unfairly dismissed.’

Employment lawyer Joanne Stronach, of Burnetts, Carlisle, who represented Mr Dalton, commented: “UKAEA is not an organisation without written employment procedures or specialist personnel assistance but in this case management appeared to completely ignore their own rules to the detriment of Mr Dalton and UKAEA. For four years Mr Dalton has been fighting for recognition that UKAEA acted unfairly and discriminated against him. Now all he wants to do is get back to work and use his substantial technical expertise in the nuclear industry.”

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Burnetts is a leading commercial law firm based in Carlisle with 15 partners and a total of 125 staff. It provides legal services to a broad range of private and public sector clients across the north of England and southern Scotland.

For further information, please contact Vicki Baxter or Gillian Akers at: Baxter Hulme PR and Marketing, on: 01625 617611, or by email at: vicki@baxter-hulme.co.uk or gillian@baxter-hulme.co.uk

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