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 in Dundee, where he and his wife worked, because he believed 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.
The couple, who watched televised briefings to keep up to date, walked home in the rain in a bid to avoid getting the bus and discussed what they should do.
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.
Mr Hosie 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 just £71.34 - one day's pay.
The tribunal heard that the bin man began working for NHS Tayside on an agency basis in June 2019, before being moved on to a six month contract in May 2020.
On October 22 2020, Ms O'Sullivan received a call from her supervisor asking her to attend early at work for a covid test as there had been an outbreak of the virus in ward 2 where she had been working.
She attended and took the test before completing her shift.
Afterwards, she told Mr Hosie about the test and he said they should both isolate until the test result came back.
Mr Hosie told his supervisor about the situation and the following morning he was advised that he should stay at home until they had the result.
He later received another call around lunchtime and was advised that, following advice from infection control, he should attend work as normal.
The couple did not believe that was in line with government advice and decided not to attend.
Mr Hosie emailed First Minister Nicola Sturgeon, along with his manager and NHS Tayside, on October 23.
He wrote: "Can you please clarify what is a precautionary test and what is the right thing, as it is your governments 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 about what happened, Mr Hosie indicated to supervisors that he might not accept any contract renewal offered to him.
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: "It was clear from his reaction at the time that he regarded it as serious.
"He paid close attention to public broadcasting on the issue.
"He contacted the First Minister very quickly on October 23.
"He was willing to forgo a day's pay for what he believed to be a dangerous work environment.
"Had he returned to work on October 23, he believed he could have been placing his work colleagues in danger.
"The danger was imminent had he returned that day.
"It was self-evident that the question would be resolved quickly, on receipt of the result of his wife's test."
It added: "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.
"The respondent did not lead any evidence to suggest that this was not the advice of the Scottish Government at that time.
"It was reasonable for the claimant to adhere to that position."
MFL - NHS Tayside has been approached for comment.
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