Mr K Mackay v Fortnum O&M (UK) Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001202/2024 Held in Glasgow via Cloud Video Platform (CVP) on 2-4 June 2025 and In Chambers on 5 June 2025 Employment Judge L Murphy Tribunal Member M McAllister Tribunal Member N Quinn Mr K Mackay Claimant In Person Fortum O&M (UK) Ltd Respondent Represented by: Ms C MacColl - Advocate

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous judgment of the Tribunal is that: (i) the claimant’s complaint that his dismissal was less favourable treatment because of disability contrary to section 13 of the Equality Act 2010 (EA) does not succeed and is dismissed; (ii) the claimant’s complaint that an unauthorised deduction was made from his wages relating to 1 and 2 January 2024, having...

REASONS Issues

1. The claimant (C) presented a claim which was treated as received on 19 August 2024. He was dismissed by the respondent (R) on 5 July 2024. He complains that his dismissal was because of his wife’s disability (cancer). It is not disputed that C was dismissed, or that his wife is and was at the material time a disabled person in consequence of her condition.

2. The issue for the Tribunal to decide is 8001202/2024 Page 2 (i) Did R, because of C’s wife’s disability, treat C less favourably than it did treat or would have treated others by dismissing him? (ii) If so, what is the appropriate remedy?