4107417/2024Respondent won

James Johnston & Co. of Elgin Ltd

19 February 2026·Employment Tribunal·Scotland·Employment Judge J M Hendry

Respondent

James Johnston & Co. of Elgin Ltd

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Decision date

19 February 2026

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge J M Hendry

Case Summary

The claim for unfair dismissal not being well founded is dismissed.

Why this outcome?

Claim not well-founded

The tribunal heard the claim on its merits and found that the claimant had not established that the dismissal was unfair.

Claim Types

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Key Issues

  • The claimant in his ET1 seeks a finding that he was unfairly dismissed from his position as a Carding Operative with the respondents. The respondent's position was that the claimant was fairly dismissed on the grounds of capability (a potentially fair ground for dismissal), because the claimant, because of health difficulties could no longer work night shift and no other role could be found for him.

Original published judgment

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