Mr I Miller v MacDonald Resorts Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101932/2023 5 Held in Glasgow by on Held in Glasgow 26, 27, 28, 29 and 30 June and (via CVP) on 28 September 2023 Employment Judge Rory McPherson 10 Mr Iain Miller Claimant Represented by: Mr A Crammond - Counsel & 15 Ms L Braunholtz - Trainee Solicitor MacDonald Resorts Ltd Respondent Represented by: 20 Ms A Stobart - Counsel & Ms R Ward - Solicitor

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 25 The judgment of the Employment Tribunal is that the claimant’s claim for unfair dismissal does not succeed and is dismissed.

REASONS Introduction Preliminary Procedure 30 1. The claimant presented his ET1 on 3 March 2023 following referral to ACAS Early Conciliation and issue of certificate.

2. ET3 was received by the Tribunal 4 April 2023 giving notice of the respondent’s position. In summary, the respondent admitted the claimant was employed as Managing Director – Aviemore until dismissal with 35 immediate effect on 6 December 2022 asserting that he was dismissed for a fair reason namely conduct and capability, the respondent following a full and fair procedure prior to same, or ...

4. Parties were notified of this Final Hearing by Tribunal Letter 20 April 2023 which described that the 5 days had been set aside for full disposal, 15 including remedy if appropriate, and set out in paragraph 3 “You are responsible for making sure all the witnesses you want to call can attend the hearing and know the place, date and time of the hearing” and at paragraph 4 “You should bring 3 ...