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Wrongful Dismissal in the Inner House

Hastie Stable member Michael Upton has appeared for Hamilton Academicals F.C. in their Inner-House appeal against former assistant manager John McCormack's claim for damages for wrongful dismissal. Last year Lord Woolman found that Mr. McCormack had engaged in such conduct as making sexually obscene remarks about a young female physiotherapist to players in her presence and pulling a chair away as a player seated himself so that he fell to the ground, but that the club had delayed too long in the face of apologies and non-repetition of such behaviour to have been justified in summarily terminating the assistant manager's contract. The Club argued that this took insufficient account of, amongst other matters, the need for a football club to protect its public image. An Extra Division has taken the case to avizandum.

 

A report of the decision at first instance can be found here http://www.scotcourts.gov.uk/opinions/2010CSOH124.html