Mr R McPherson and Mr R Taggart Mr R Johnston v Represented by: Ms E Matheson -15 Solicitor Duffield Morgan Limited — 2024

The claimant's dispute arose from a long-running disagreement about his role as Golf Course Superintendent/Head Greenkeeper, the job description held on his personnel file, and his absence from work from June 2021. The Tribunal accepted that Mr N Campbell and Mr G Campbell genuinely believed the job description on file reflected the claimant's duties and that they were trying to obtain occupational health input and facilitate a return to work. It also records that earlier disability discrimination complaints were withdrawn at the hearing.

The harassment and victimisation complaints failed. On harassment related to disability, the Tribunal rejected the argument that the appointment of Mr G Campbell to hear the grievance, the 13 October 2022 grievance outcome, the handling of the appeal, the occupational health correspondence, the £480 deduction, the sick pay issue, the holiday request, or the disputed duties were related to disability or had the section 26 purpose/effect. On victimisation, it accepted that the claimant had made protected acts on 17 July 2021, 18 July 2022 and 19 August 2022, but found none of the alleged detriments were caused by those acts; the grievance appeal was not progressed because it was late and Mr G Campbell believed he lacked the claimant's written authority to deal with his daughter.

The unlawful deduction claim succeeded. The contract provided for full salary for the first ten days of absence due to illness in each year, subject to satisfactory evidence, and the Tribunal held that the fit notes already provided were satisfactory evidence. It found the contract did not require the occupational health report to be disclosed before sick pay became due, so the deduction of £1,788.50 was unlawful and the respondent was ordered to pay that gross sum less deductions required by law. No separate remedy was awarded for the dismissed discrimination complaints.