Edinburgh Employment Tribunal cases

Browse recent Employment Tribunal decisions heard at Edinburgh.

Recent cases: 15
Employers (last 3 months): 15
Recorded awards (last 3 months): 4

Published decisions

Cases from the last three months

Newest decisions first

28 Aug 2026

Claim dismissed

Unpaid Wages and Other

Employer: Bibby Energy Solutions

The Tribunal dismissed all claims because the respondent had a contractual right to deduct the value of unreturned property and vehicle damage from the claimant's final pay, and the total deductions exceeded the amount owed.

Legal Issues (5)

Whether the respondent's withholding of the claimant's final pay
notice pay
overtime
expenses
holiday pay constituted an unlawful deduction from wages under section 13 of the Employment Rights Act 1996. The Tribunal considered whether the deductions were authorised by a relevant provision of the contract or by the employee's written agreement

Reference: 8000094/2026

26 Aug 2026

Claimant won£118,223 awarded

Unfair Dismissal

Employer: Clockwork Group Holdings Ltd

The Tribunal found the redundancy reason was a sham and the real reason was Mr Morison's disgruntlement at the claimant's bonus dispute, making the dismissal unfair; compensation was capped at £118,223.

Legal Issues (5)

Whether the respondent proved the reason or principal reason for dismissal under section 98 ERA
sham redundancy and the true reason for dismissal
whether a Polkey reduction was available
whether a section 207A TULRCA ACAS uplift applied
application of the statutory compensatory cap for unfair dismissal

Reference: 8000899/2026

26 Aug 2026

Claim dismissed

Discrimination and Harassment

Employer: Fife Health Board and Dr J McLaren

The Tribunal dismissed all claims of race discrimination and harassment, finding that the treatment complained of was not because of race and that the respondents had provided credible non-discriminatory explanations.

Legal Issues (5)

Direct discrimination (section 13 Equality Act 2010)
harassment (section 26 Equality Act 2010)
burden of proof (section 136 Equality Act 2010)
comparator analysis
vicarious liability (section 109 Equality Act 2010)

Reference: 8002048/2025

18 Aug 2026

Claim dismissed

Unfair Dismissal

Employer: JLcom Ltd

The employer acted reasonably in treating the claimant's gross misconduct as a sufficient reason for dismissal, and the decision fell within the band of reasonable responses.

Legal Issues (5)

Section 98(4) ERA – reasonableness of dismissal for conduct
Burchell test (genuine belief, reasonable grounds, reasonable investigation)
band of reasonable responses
procedural fairness and small employer exception
ACAS Code of Practice

Reference: 8000576/2026

17 Aug 2026

Claimant won

Redundancy Pay

Employer: Liberty Bar and Restaurant (In Administration)

The claimant succeeded in obtaining a protective award of 90 days' remuneration due to the respondent's failure to consult.

Legal Issues (3)

Failure to consult on collective redundancies
protective award under s.189 TULRCA
default judgment under Rule 22 of the Employment Tribunal Procedure Rules 2024

Reference: 4100415/2026

17 Aug 2026

Mixed outcome£12,943.98 awarded

Discrimination and Unpaid Wages

Employer: Scotia Double Glazing Ltd

The claimant succeeded on discrimination arising from disability (refusal to allow return to work) and unauthorised deductions from wages, but lost on other discrimination claims and the reasonable adjustments claim.

Legal Issues (5)

Discrimination arising from disability (s15 EqA)
failure to make reasonable adjustments (s20/21 EqA)
unauthorised deductions from wages (s13 ERA)
disability status
proportionality of employer's actions

Reference: 8002525/2025

17 Aug 2026

Claim dismissed

Constructive Dismissal and Whistleblowing

Employer: Scottish Prison Service

All claims were dismissed because the whistleblowing detriment claim was time-barred and the constructive unfair dismissal claim failed as the claimant did not resign in response to a breach and had affirmed the contract.

Legal Issues (4)

Whether the claimant's emails qualified as protected disclosures
whether the move to Hermiston Hall was a detriment on grounds of protected disclosure
whether the constructive dismissal claim met the Western Excavating v Sharp test
whether the whistleblowing claim was time-barred

Reference: 8001857/2025

13 Aug 2026

Dismissed on jurisdiction

Discrimination and Unpaid Wages

Employer: TCMM Shutter Group Ltd

The claimant was not a disabled person at the material time because the impairment (stress and anxiety) was not likely to last 12 months when assessed from the standpoint of February 2026.

Legal Issues (1)

Whether the claimant was a disabled person under s.6 Equality Act 2010 – specifically whether the impairment (stress/anxiety) was likely to last 12 months at the material time (Oct 2025 – Feb 2026). The Tribunal held that the impairment was not long-term and dismissed the claim

Reference: 4100077/2026

6 Aug 2026

Dismissed on jurisdiction

Unfair Dismissal

Employer: Property Studios Ltd

The claimant failed to prove she was an employee under section 230(1) and (2) ERA 1996, and also failed to establish two years' continuous employment, so the complaint of unfair dismissal was dismissed for want of jurisdiction.

Legal Issues (5)

Employment status – distinction between employee and worker
burden of proof on claimant to prove employee status
effect of written contract and mutual intention
continuity of employment and the two-year qualifying period for unfair dismissal
jurisdiction of the tribunal

Reference: 8000432/2026

3 Aug 2026

Claim dismissed

Unfair Dismissal, Unpaid Wages and Breach of Contract

Employer: British Gas Trading Ltd

The Tribunal concluded that the respondent had a genuinely held belief in misconduct based on reasonable grounds, a fair investigation and procedure, and that dismissal was within the range of reasonable responses; the claimant also committed a repudiatory breach of contract and failed to prove any entitlement to holiday pay.

Legal Issues (4)

Reasonableness of conduct dismissal (s.98(4) ERA 1996)
band of reasonable responses
repudiatory breach of contract
calculation of holiday pay on termination

Reference: 4100934/2026

23 Jul 2026

Mixed outcome

Unfair Dismissal, Discrimination and Harassment

Employer: Bearhill Care Ltd

The Tribunal upheld jurisdiction for unfair dismissal and discrimination arising from disability (claims to proceed), but dismissed claims for failure to make reasonable adjustments and harassment related to disability as out of time and not just and equitable to extend.

Legal Issues (3)

Effective date of termination
time limits for unfair dismissal (reasonably practicable test) and discrimination (just and equitable extension)
continuing act doctrine

Reference: 8002932/2025

21 Jul 2026

Claimant won£234 awarded

Unpaid Wages

Employer: HZR Enterprise Ltd

The respondent did not dispute the debt, so the claim succeeded in full.

Legal Issues (1)

Unlawful deduction from wages / arrears of pay

Reference: 8000645/2026

15 Jul 2026

Claim struck out

Discrimination

Employer: East Renfrewshire Council

The claims were struck out because the claimant failed to comply with case management orders and conducted proceedings unreasonably, and separately because the claims were presented well outside the primary limitation period with no basis for an extension.

Legal Issues (3)

Strike out under Rule 38(1)(b) and (c) of the Employment Tribunal Procedure Rules 2024
jurisdiction and time bar under the Equality Act 2010
application to amend under Selkent principles

Reference: 8001853/2025

14 Jul 2026

Claim struck out

Other

Employer: Amazon UK Services Ltd

Claim dismissed because claimant failed to attend or be represented at the hearing.

Legal Issues (2)

Failure to attend hearing
Rule 47 dismissal

Reference: 4102108/2025

3 Jul 2026

Claimant won£14,783.59 awarded

Unfair Dismissal, Unpaid Wages and Breach of Contract

Employer: SWAT International Ltd

The employer unfairly dismissed the claimant because it did not carry out a reasonable investigation into the alleged misconduct before dismissing him.

Legal Issues (4)

Whether the dismissal was fair under section 98 ERA
application of the Burchell test
reasonableness of investigation
ACAS Code uplift for failure to comply

Reference: 4100641/2026

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