Scottish and Southern Energy (SSE) – one of the largest energy providers – has been ordered to pay £230,000 to an employee for unfair dismissal.

In the case of Donald Nutt v SSE Ltd at Dundee Employment Tribunal, the Court criticised the extreme poor practice and genuine unfairness shown towards Mr Nutt by SSE Ltd. The judge stated that the HR process was "reminiscent of a show trial in the former Soviet Union".

Mr Nutt - who had been employed by SSE Ltd for 16 years before his dismissal in October 2014 - raised safety issues in 2012 regarding free health checks for night shift workers and also that the company's night shift structure was causing health problems. He brought a formal grievance, which was not upheld.

In March 2013, Mr Nutt received a poor appraisal report and was informed that he would be getting an informal warning. This was despite having previously received consistently excellent appraisals.

The company accused him of refusing to accept the findings, telling him:

“....you are free to raise any reasonable concerns you have with your manager, but once the outcome has been decided you should accept that outcome and move on in a positive and constructive manner. The topic should not be questioned again unless there is a change in the situation.”

In July 2013, Mr Nutt was signed off from work for two months, due to stress. On his return, he had a meeting with HR - who decided to bring disciplinary action against him for failing to accept that he was wrong over the night shift complaint - and not accepting that his grievance had been properly investigated.  He was dismissed.

The judge at the tribunal stated that the HR professional:

“.....was demanding that Mr Nutt not only accept throughout that he had been wrong, but also accept a number of factual circumstances that weren't true – principally, that his grievance had been properly investigated. It quite clearly had not. At many instances during the meeting, it appears that SSE not only wished Mr Nutt to acknowledge that he was wrong, but express gratitude to SSE for treating him as they had. This is somewhat reminiscent of a show trial in the former Soviet Union rather than modern employment relations practice."

The tribunal found that practically no investigation had been conducted into Mr Nutt’s alleged misconduct and that his crime was to have argued with the company. Judge McFatridge ordered SSE Ltd to rehire Mr Nutt and awarded him £140,000 compensation.

However, when SSE refused to re-instate Mr Nutt, the award was increased to £230,000. Mr Nutt's other claim of unfair treatment - on the basis of whistle blowing - was not upheld.