Mr M Harvie v Scottish Ambulance Service Board

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4105124/2022 Final Hearing Held at Inverness on 22 - 25 May 2023, deliberation day on 1 June 2023 10 Employment Judge A Kemp Tribunal Member I Ashraf Tribunal Member F Parr 15 Mr M Harvie Claimant Represented by: Mr G Robinson, Lay Representative 20 Scottish Ambulance Service Board Respondent Represented by: 25 Mr G Fletcher, Solicitor 30

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous Judgment of the Tribunal is that (i) the claimant was unfairly dismissed under section 98 of the Employment Rights Act 1996, 35 (ii) the respondent failed to comply with its duty to make a reasonable adjustment for the claimant’s disability under sections 20 and 21 of the Equality Act 2010, (iii) the respondent was in breach of contract in dismi...

E.T. Z4 (WR) 4105124/2022 Page 2 AND SIXTY EIGHT POUNDS THIRTY FIVE PENCE (£22,468.35) of which (a) £16,503.68 is in respect of unfair dismissal, (b) £1,712.00 is in respect of breach of duty in failing to make 5 a reasonable adjustment, and (c) £4,252.67 is in respect of breach of contract.

REASONS 10 Introduction

1. This was a Final Hearing of the claims of unfair dismissal, disability discrimination as to an alleged failure to make reasonable adjustments and breach of contract as to notice pay. A claim for notice pay was referred to in the Claim Form but had not been identified in the lists of issues 15 prepared by each party. Mr Fletcher confirmed at the commencement of the hearing that there was no o...