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Inverness fiscal sacked after car crash wins case for unfair dismissal

Former fiscal Emma Knox
Former fiscal Emma Knox

A former Inverness fiscal who was sacked after causing a crash which nearly killed her, has won her case for unfair dismissal.

Emma Knox admitted causing serious injury by dangerous driving in the accident in December 2012.

Despite suffering life-threatening injuries and spending three days in a coma, she was later dismissed from her job in the Highland capital after appearing in court charged with causing the crash on the A62 Inverness-Beauly road.

Mrs Knox took her former employer the Crown Office and Procurator Fiscal Service (COPFS) to tribunal last year, claiming unfair dismissal and breach of contract.

COPFS claimed that to have retained Mrs Knox in her position would cause “serious reputational risk” to the organisation.

But tribunal judge Reg Christie has found in favour of Mrs Knox.

Mr Christie said that dismissing the 45-year-old former Elgin Academy pupil, was “outside the band of reasonable responses which a reasonable employer could adopt”.

He said: “To consider that committing an error of judgement in causing a road accident, albeit with consequences of serious injury and conviction, was sufficient to deprive a procurator fiscal of her unblemished career cannot possible have been within the band of reasonable responses.”

He said that Mrs Knox, who had been with the Crown Office for 19 years, had taken all steps she could to accept her guilt at the earliest opportunity and minimise public exposure.

Mrs Knox, who is from Elgin, declined to comment on the case last night.

A COPFS spokesman said: “We are carefully considering the judgement and will reflect on the decision in advance of any next steps”.

It is understood that it now has 40 days to appeal the decision.

Even if they do not try to overturn the verdict, further hearings are required to determine any damages in the case and to consider whether Mrs Knox should be reinstated.

Mrs Knox, the mother of two of Kirkhill, near Inverness, was on her way to work she crashed in December 2012.

She suffered serious skull, neck and rib fractures, as well as nerve and brain damage, when she hit a van head-on after pulling out from behind a lorry on the A862 Invernes-Beauly road at Lentran.

The van driver, Scott Henderson, was also badly injured but made a full recovery.

Mrs Knox appeared at Dingwall Sheriff Court and admitted dangerous driving. She was fined £500 and banned from driving for two years.