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Scotland Case Law

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Employment law [2024] ScotSAC Civ 8

APPEAL IN THE CAUSE MOWI SCOTLAND LTD v DON STANFORD

APPEAL IN THE CAUSE MOWI SCOTLAND LTD v DON STANFORD [2024] ScotSAC Civ 8 (14 March 2024)

Sheriff Appeal Court civil appeal concerning unfair dismissal and remedies. The appeal was dismissed and the original decision and awards were upheld.

  • Unfair dismissal
  • Employment contract
  • Remedies
  • Unfair-dismissal
  • Employment-appeals
  • Employment-remedies
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Employment law [2022] ScotSAC Civ 3

LAURA TIERNEY v G F BISSET (INVERBERVIE) LIMITED

LAURA TIERNEY v G F BISSET (INVERBERVIE) LIMITED [2022] ScotSAC Civ 3 (09 December 2021)

The Sheriff Appeal Court held that Laura Tierney’s dismissal was unfair because the employer failed to follow a fair procedure, and remitted the case for remedy.

  • Unfair dismissal
  • Employment contract
  • Remedies
  • Unfair-dismissal
  • Employment-law
  • Employment-tribunals-remedies
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Employment law [2021] ScotCS CSIH_35

APPEAL BY L AGAINST K

APPEAL BY L AGAINST K [2021] ScotCS CSIH_35 (07 July 2021)

The Court of Session restored an Employment Tribunal decision upholding dismissal for SOSR, rejecting the need to prove guilt where child-protection risks and trust concerns were central.

  • Unfair dismissal
  • Some other substantial reason (sosr)
  • Child protection
  • Reputational risk
  • Procedural fairness
  • Unfair-dismissal
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Employment law [2020] ScotSAC Civ 6

APPEAL BY ANDREW WRIGHT v NATIONAL GALLERIES OF SCOTLAND

APPEAL BY ANDREW WRIGHT v NATIONAL GALLERIES OF SCOTLAND [2020] ScotSAC Civ 6 (03 July 2020)

The Sheriff Appeal Court dismissed Andrew Wright’s appeal, holding that his dismissal was not unfair because the employer had a fair reason and followed a fair process.

  • Unfair dismissal
  • Employment rights
  • Unfair-dismissal
  • Employment-rights
  • Employment-law
  • Civil-appeal
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Employment law [2019] ScotCS CSIH_46

LOGAN AGAINST A DECISION OF THE EMPLOYMENT APPEAL TRIBUNAL AGAINST FUTURE TECHNOLOGY DEVICES INTERNATIONAL LTD

LOGAN AGAINST A DECISION OF THE EMPLOYMENT APPEAL TRIBUNAL AGAINST FUTURE TECHNOLOGY DEVICES INTERNATIONAL LTD [2019] ScotCS CSIH_46 (10 September 2019)

The Court of Session refused an employee’s appeal against an EAT decision, upholding a tribunal finding that dismissal was for SOSR and that fairness issues were properly handled.

  • Unfair dismissal
  • Procedural fairness
  • Some other substantial reason
  • Polkey deduction
  • Contributory conduct
  • Unfair-dismissal
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Employment law [2019] ScotSAC CIV 24

GALT, IAN ALEXANDER McPHAIL GALT v INVERCLYDE ADVICE AND EMPLOYMENTS RIGHTS CENTRE

GALT, IAN ALEXANDER McPHAIL GALT v INVERCLYDE ADVICE AND EMPLOYMENTS RIGHTS CENTRE [2019] ScotSAC CIV 24 (15 March 2019)

The Sheriff Appeal Court refused an appeal in an employment dispute, holding there was no error of law in the tribunal’s decision and the dismissal was not unfair.

  • Unfair dismissal
  • Appeal procedure
  • Unfair-dismissal
  • Employment-law
  • Civil-appeal
  • Appeal-procedure
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Employment law [2017] ScotSAC Civ 17

SSE PLC, APPEAL BY IN THE CAUSE JACK CUMMING v SSE PLC

SSE PLC, APPEAL BY IN THE CAUSE JACK CUMMING v SSE PLC [2017] ScotSAC Civ 17 (21 April 2017)

The Sheriff Appeal Court dismissed SSE PLC’s appeal and upheld the decision that Jack Cumming’s dismissal was not unfair under employment law.

  • Unfair dismissal
  • Employment-law
  • Unfair-dismissal
  • Scottish-civil-appeals
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Employment law [2016] ScotSAC Civ 8

LOUISE WITTER v QHSE SOLUTIONS Ltd

LOUISE WITTER v QHSE SOLUTIONS Ltd [2016] ScotSAC Civ 8 (9 September 2016)

The Sheriff Appeal Court held that Louise Witter’s dismissal was unfair because the employer did not follow a fair procedure, and remitted the case on remedy.

  • Unfair dismissal
  • Procedural fairness
  • Employment-law
  • Unfair-dismissal
  • Procedural-fairness
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Employment law [2014] ScotCS CSIH_97

Laing v Scottish Prison Service

Laing v Scottish Prison Service [2014] ScotCS CSIH_97 (20 November 2014)

The Court of Session refused Stephen Laing’s appeal against a ruling upholding his dismissal by the Scottish Prison Service for failing to intervene and report an assault.

  • Unfair dismissal
  • Disparity of treatment
  • Disciplinary procedures
  • Reasonableness test
  • Unfair-dismissal
  • Disparity-of-treatment
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Employment law [2013] ScotCS CSIH_102

McNeill v Aberdeen City Council (No 2)

McNeill v Aberdeen City Council (No 2) [2013] ScotCS CSIH_102 (28 November 2013)

The Inner House restored an Employment Tribunal’s finding of constructive dismissal, holding that an employee’s prior misconduct did not bar reliance on a later breach of trust and confidence.

  • Constructive dismissal
  • Mutuality of contractual obligations
  • Implied term of trust and confidence
  • Unfair dismissal
  • Remedies for breach of contract
  • Constructive-dismissal
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.