Hunter Gray success at the Police Appeals Tribunal
Hunter Gray represented a former Police Constable on an appeal to the Police Appeals Tribunal following the finding of gross misconduct and the decision to dismiss him without notice made at an accelerated misconduct hearing chaired by the Chief Constable.
The appeal took place on 25th March 2024 and determined:
- That the Ground of Appeal against the finding that there was a breach of the Standards of Professional Behaviour of Honesty and Integrity had been made out in respect of Honesty only. The Tribunal therefore set aside that decision and substituted that there was a breach of this Standard in respect of Integrity only.
- That this breach of the Standard of Professional Behaviour in respect of Integrity only amounted to Gross Misconduct.
- That the Ground of Appeal against the disciplinary action of dismissal without notice had been made out.
The Tribunal set aside that decision and substituted for it the disciplinary action of a final written warning to remain in force for a period of two years. On the basis that the earlier decision that he had acted dishonestly was unreasonable and the decision to dismiss him without notice was unreasonable.
Facts:
- The officer was 18 years of age and had just commenced his training
- He clipped a parked car in a car park causing minor damage – he failed to report it straightaway but did so within 48 hours
- The delay was categorised as lacking in integrity and to discreditable conduct (the Misconduct hearing also found dishonesty)
- The officer has gone on to complete his training and was described as “one of the best students” that year.
Hunter Gray was instructed by Paul Reddy at Gorvins.
