Decision date
16 April 2026
Tribunal
Employment Tribunal
Jurisdiction
Scotland
Judge
Employment Judge M A Macleod
Case Summary
The claimant, appointed as CEO of Skylark Lasers Limited in June 2023, presented claims of unfair dismissal and discrimination on grounds of age and disability following his resignation in November 2024. The respondent raised a capability procedure against the claimant in August 2024 and rejected his subsequent appeal. The tribunal unanimously dismissed all of the claimant's claims.
Why this outcome?
Claim not well-foundedThe tribunal found that the claimant had not been dismissed but had instead voluntarily resigned following the rejection of his appeal against a capability warning. The discrimination claims were found not to be well-founded on the evidence presented, and certain complaints fell outside the time limits prescribed by the Equality Act 2010.
Claim Types
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Key Issues
- •Whether the claimant was dismissed or resigned
- •Unfair dismissal claims
- •Age discrimination
- •Disability discrimination
- •Time limits for discrimination complaints
- •Capability procedure and warnings
- •Breach of implied term of trust and confidence
- •Whether claimant issued ultimatum to respondent
- •Appeal process fairness
Original published judgment
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Case Details
Hearing venue
Decided at Edinburgh Employment Tribunal →- Case No.
- 8002139/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 16 April 2026
- Published
- 4 June 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge M A Macleod
- Industry
- laser technology development, manufacture and sale
- Representation
- Litigant in person
Registered Company
- Company name
- SKYLARK LASERS LIMITED
- Company number
- SC445554
- Industry
- Administrative & Support
- Status
- active