Fiscal's dismissal over dangerous driving ruled unfair

A senior procurator fiscal has won a case alleging unfair dismissal after she lost her job following a conviction for dangerous driving.

An employment tribunal held yesterday that the Crown Office & Procurator Fiscal Service had gone beyond the range of reasonable responses when it dismissed Inverness fiscal Emma Knox after she was fined and disqualified from driving for two years for causing a serious road accident.

Ms Knox pulled out to overtake when driving to work and collided with an oncoming van. Both she and the van driver were seriously injured. After she pled guilty to the charge, the sheriff described the offence as "towards the lower end of the dangerous driving scale".

Despite Ms Knox's 19 years' service, COPFS decided that its relationship of trust and confidence with her had been "irretrievably damaged" and there was a "considerable risk of reputational damage" if she was allowed to remain in post.

Tribunal judge Reginald Christie decided however that despite the nature of Ms Knox's work, it was unlikely to attract "any degree of outrage" if she kept her job. The sheriff's decision indicated that she was guilty of an error of judgment rather than "utter recklessness", and her mistake was one that any driver might make. 

COPFS said it was considering the ruling. Ms Knox is seeking reinstatement.