Evening Telegraph (First Edition)
Binman wins tribunal over wife’s Covid test absence
A BINMAN penalised by NHS bosses after he refused to go to work while his wife awaited a Covid test result was awarded one day’s pay by an employment tribunal.
Former waste operative Colin Hosie defied NHS Tayside instructions at Ninewells Hospital, where the couple worked, believing they were contrary to Scottish Government guidelines.
His wife Helen O’Sullivan, a hospital domestic, was asked to take a PCR test due to an outbreak in a ward where she worked, on October 22 2020.
Mr Hosie, then 56, was initially told by supervisors that he should stay at home until the test result came back, but was then asked to attend work later the same day. He refused and the absence, on October 23 2020, was treated as “unauthorised” and his pay was docked.
He has now won part of his case at an employment tribunal after claiming that he suffered a detriment for exercising his right not to attend work due to health and safety fears. However, he has been awarded £71.34 – one day’s pay.
The tribunal heard the binman began working for NHS Tayside on an agency basis in June 2019, before being moved on to a six-month contract in May 2020.
Mr Hosie emailed Nicola Sturgeon, along with his manager and NHS Tayside, on October 23, saying: “Can you... clarify what is a precautionary test and what is the right thing, as it is your government’s advice we believe we are following.”
Ms O’Sullivan was later told that she would face disciplinary action, while Mr Hosie’s pay was short as the absence was put down as unauthorised.
In subsequent discussions, Mr Hosie indicated to supervisors that he might not accept a renewal of his contract. He later received a letter from NHS Tayside accepting his “verbal resignation”. However, the tribunal did not accept that this amounted to unfair dismissal.
In a written judgment, Judge Russell Bradley said: “He regarded it as serious. It was reasonable for the claimant to treat his understanding of the first minister’s advice as correct.
“That advice was clear. It was this: if a person was called for a Covid-19 test they should – go home; stay at home; do not take public transport or a taxi; and anyone else at home with them should also stay at home and await the result of the test.”
NHS Tayside has been approached for comment.
DAVID Cuthill, a senior office-bearer in Dundee and Angus branch of the Scots Guards Association, has died aged 83.
He was also a fundraiser for the association and a friend and supporter of the 45 Commando Veterans’ Group in Arbroath.
David, known as Dave, spent nine years in the Scots Guards and became a full bloke, or sergeant.
At his funeral, two Scots Guards Association standards were carried, piped by Pipe Major Iain Bryson.
Born in Friockheim in 1938, he was educated at Friockheim School before starting work at East Border farm.
It was during this time that he met his future wife, June, and they married on October 30 1959.
Dave left his job on the farm and did a variety of jobs before joining the Scots Guards in 1962.
He saw active service in Malaya and Borneo and also had postings to Sharjah as part of a peacekeeping force, then Windsor and Edinburgh.
Dave was an exceptional football player and turned out for his regiment’s team.
When he left the Scots Guards, Dave worked for a spell at Condor, Arbroath, before starting as a labourer with private civil engineering contractors.
This led to him starting with the roads department at Angus Council.
During his retirement Dave joined Dundee and Angus branch of the Scots Guards Association where he served as chairman for 12 years.
When he stepped down from that position he was voted in as vice-president.
Dave was a loving husband to June for more than 62 years and a doting dad, grandad and great-grandad.