Case 4100220/2024 · Employment Tribunal
Mr Naeem Fakher v Social Care Alba Ltd — 2024
- Case reference
- 4100220/2024
- Decision date
- 4 April 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Kemp
- Venue
- Edinburgh remotely
Parties
2 namedClaimant
Mr Naeem Fakher
Respondent
Key findings
Tribunal's reasoningMr Naeem Fakher applied for an Administrative Assistant role with Social Care Alba Ltd and received a conditional offer of employment dated 26 September 2023. The offer was accepted, but it was subject to checks, including receipt of a satisfactory work reference. The claimant also undertook the respondent’s pre-start eLearning modules and exchanged messages about a proposed start date of 30 October 2023, but the tribunal found that he was never told that the conditions had been completed or that a contract had been finalised.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal held there was no concluded and binding contract of employment because the offer dated 26 September 2023 was conditional and the condition of a satisfactory reference was not fulfilled. | Dismissed | — | — |
Legal tests applied
5 references- Employment Tribunals (Extension of Jurisdiction) (Scotland) Order 1994
- Sarker v South Tees Acute Hospitals Trust
- Morrison-Low v Paterson
- Avintair Ltd v Ryder Airline Services Ltd
- Wishart v National Association of Citizens Advice Bureaux Ltd
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.