Case 4102833/2025 · Employment Tribunal
Mr James William Dendy v The Brock Garden Centre SCIO — 2025
- Case reference
- 4102833/2025
- Decision date
- 26 November 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge O’Donnell
- Venue
- Edinburgh
Parties
2 namedClaimant
Mr James William Dendy
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr James William Dendy, was employed by The Brock Garden Centre SCIO from 9 January 2020. The tribunal found that, after a grievance in February 2024 and a further grievance in July 2024, the respondent tried to address the relationship between the claimant and the general manager, KVS, through 1-2-1 meetings, a grievance process, an external investigation by Peninsula, and an appeal process.
The dismissal decision was made by JM on 21 March 2025 because of a breakdown in the working relationship between the claimant and KVS. The tribunal accepted that this was the genuine reason for dismissal and that it amounted to a potentially fair SOSR reason. In assessing that issue, the tribunal relied on the claimant's own grievance language describing KVS as "inconsistent, incompetent and untrustworthy", the absence of any material showing the claimant had moved away from that position, the failure of the 1-2-1 meetings to repair relations, and KVS's view that it would be difficult to continue working with the claimant.
The tribunal then held that dismissal was within the band of reasonable responses. It found that there were no realistic alternatives in a small organisation with only one manager and a very small workforce, that redeployment to another manager was not feasible, and that dismissing KVS was not a viable option. It also found that the process was fair: the claimant was able to pursue grievances, an external consultant was used, he had a dismissal hearing and an appeal, and the procedure complied with the ACAS Code. The complaint of unfair dismissal was therefore dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Recorded from the judgment. | Dismissed | — | — |
Legal tests applied
9 references- Abernethy v Mott Hay and Anderson
- some other substantial reason (SOSR)
- s.98(4) ERA 1996
- Polkey v AE Dayton Services Ltd
- ACAS Code
- band of reasonable responses
- Sainsbury's Supermarket v Hitt
- Ezsias v North Glamorgan NHS Trust
- SA Brain and Co Ltd v Philippart
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
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