Mr M Swan v Caledonian MacBrayne Crewing (Guernsey) Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102760/2023 Held in Glasgow on 14 and 15 August 2023 5 Employment Judge M Kearns (sitting alone) Mr M Swan Claimant In Person 10 Caledonian MacBrayne Crewing (Guernsey) Limited Respondent Represented by: Ms G Watson - Solicitor 15

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal was to dismiss the claim.

REASONS

1. The claimant - who is aged 51 years - was employed by the respondent from 20 10 May 2010 until 13 February 2023, when he was dismissed for a capability (ill health) reason. On 17 April 2023, having complied with the early conciliation requirements, the claimant presented an application to the employment tribunal in which he claimed that his dismissal was unfair. Issues 25 2. The respondent a...

4. If the employer is successful in establishing the reason, the tribunal must then move on to the second stage and apply section 98(4) which provides: “…where the employer has fulfilled the requirements of subsection (1), the 15 determination of the question whether the dismissal is fair or unfair (having regard to the reason shown by the employer) – depends on whether in the circumstances (in...