Mrs P Sutherland v G & L Enterprises and Food Creations (Bathgate) Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001918/2024 Held in Edinburgh on 2, 3 and 4 July and 13, 14 and 15 August 2025 Employment Judge M Sutherland Mrs PSutherland Claimant In person G & L Enterprises First Respondent Represented by: Ms I Ismail, Counsel Food Creations (Bathgate) Limited Second Respondent Represented by: Mr T Muirhead, Senior Tribunal Advocate

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that – a. The claimant was performing the kilt administration work as an employee under a contract of service with the first respondent. b. The claimant was performing the Duntarvie Castle venue work as a self- employed contractor under a contract for services with the first respondent (and was not an employee or a worker). 800...

REASONS Introduction

1. The claimant has presented a complaint that her employment had transferred from the first respondent to the second respondent in June 2023 and her dismissal on 6 August 2024 amounted to maternity discrimination (she was dismissed because of her maternity leave and not because of redundancy). An open preliminary hearing was arranged to determine whether the following issues: a. What was the c...

2. In relation to issue a., it was not in dispute that the claimant was employed initially by GTHC and latterly by G & L (the first respondent) in relation to the kilt admin work (which included kilt hire). It was however in dispute as to whether the claimant had employment status in relation to the Duntarvie Castle venue work (which included the wedding event activities).