Mr C Mcdonald v Ross’s of Edinburgh Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105574/2023 Employment Judge: M A Macleod 5 Mr C Mcdonald Claimant In Person 10 Ross’s of Edinburgh Ltd Respondent Represented by: Mr J Anderson - Director 15

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that the respondent’s application for strike out of the claimant’s claims is refused.

20 REASONS

1. The claimant presented a claim to the Employment Tribunal on 2 October 2024 in which he complained that he had been unfairly dismissed and unlawfully deprived of pay in respect of annual leave accrued but untaken as at the date of termination of his employment. 25 2. The respondent submitted an ET3 in which they resisted the claimant’s claims.

3. The claimant’s claim was essentially that he suffered a serious injury at work due to “no safety being on a machine”, on 28 August 2023 at 8.30am. He maintained that no training had been given, and that as a result of his injury 30 he required surgery. He complained then that he had been dismissed, with no warning or pay. 4105574/2023 Page 2 Strike-out Application