User Testing Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No:4100227/2025 Held inEdinburgh via Cloud Video Platform (CVP)on5 and 8 September 2025 Employment JudgeA Strain Ms L Budge Claimant Represented by: Mr T Emslie-Smith- Solicitor User Testing LimitedRespondent Not present and Not represented JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that: 1.Theclaimant’s ME is a qualifying disability in terms of section 6 of the EA 2010; 2.Theclaimant’s claims of direct disability and sex discrimination, failure to make reasonable adjustments and unfair constructive dismissal are successful;and 3.Theclaimant’s claim of discrimination in terms of section 15 of the EA 2010 is unsuccessful and is dismissed. REASONS Background 1.Theclaimant was represented by Mr Tom Emslie-Smith, Barrister. The respondent was neither present nor represented. No ET3 had been lodged. 2.The Tribunal had sight of an email dated 5 September from solicitors in which it was stated they acted generally in employment law matters for the respondent but had not received any instructions inregard to this matter. 3.The Tribunal noted the contents of the email and considered that there was no appearance for therespondent. It was in accordance with the overriding 4100227/2025Page2 objective to proceed with the Hearing on an undefended basis in absence of therespondent. 4.Theclaimant asserted claims detailed in her application in respect of Constructive Unfair Dismissal, Direct Disability Discrimination, Indirect Disability Discrimination, Discrimination arising from Disability, Failure to make reasonable adjustments, Direct Sex Discrimination, outstanding notice pay and Breach of the ACAS Code. 5.A list of issues for determination by the Tribunal had been lodged in advance (Pages 35-40). 6.The Tribunal Hearing was in respect of liability only. The question of remedy had been reserved. 7.Theclaimant had lodged a bu...