Scottish Power Wins Appeal Against Unfair Dismissal Claim
The Employment Appeal Tribunal has dismissed Dr. Craig John Bennoch's latest appeal against Scottish Power, upholding the original ruling of no unfair dismissal.
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Scottish Power Prevails in Employment Tribunal Appeal
The Employment Appeal Tribunal (EAT) has dismissed an appeal brought by Dr. Craig John Bennoch against Scottish Power Ltd, Scottish Power Renewable Energy, and Scottish Power UK PLC. The case, concerning a claim of unfair dismissal, has been ongoing for several years, with Dr. Bennoch repeatedly seeking to overturn the original Employment Tribunal (ET) decision.
Background of the Case
Dr. Bennoch was employed by Scottish Power Renewable Energy Ltd as a senior electrical engineer between March 2012 and August 2017. His employment was terminated, with the company citing “some other substantial reason” or, alternatively, a reason related to his conduct. Dr. Bennoch subsequently filed a complaint of unfair dismissal.
Original Tribunal Ruling and Subsequent Appeals
The initial ET hearing, held in Glasgow over nine days in 2018 and 2019, resulted in the dismissal of Dr. Bennoch's complaint in November 2019. He has since made numerous attempts to have the case reconsidered, including multiple appeals to the EAT. These appeals were largely unsuccessful, with judges consistently finding no reasonably arguable grounds for overturning the original decision.
Conflict of Interest Allegations
A key aspect of Dr. Bennoch's most recent appeal centered on allegations of a conflict of interest involving members of the original ET panel. He claimed that a panel member, Mr. Borowski, had a connection with a solicitor involved in his case and that this connection biased the panel against him. These claims were reviewed by Judge Walker, President of Employment Tribunals in Scotland, who rejected the application for reconsideration.
EAT Decision
Judge Barry Clarke, presiding over the recent EAT hearing, upheld Judge Walker's decision, finding no reasonably arguable grounds for the appeal. The EAT emphasised the importance of finality in litigation and noted that Dr. Bennoch’s continued attempts to reverse the original judgment had become an abuse of process.
Judgement Findings
The EAT judgment highlights the following:
- Dr. Bennoch's allegations of conflict of interest were speculative and insufficient to justify reopening the case.
- Judge Walker properly exercised her discretion in refusing to extend the time limit for reconsideration.
- There was no error of law in Judge Walker's decision not to issue a replacement judgment.
The EAT concluded that no further action would be taken on either the fifth or sixth appeals. Judge Clarke was critical of the immoderate tone of Dr. Bennoch's correspondence and his baseless allegations against the judges who had presided over his case.
Read the entire judgement here: Dr. Craig John Bennoch v Scottish Power Limited Scottish Power Renewable Energy Scottish Power UK PLC [2025] EAT 61
