Case 4104155/2018 · Employment Tribunal
Ms A Hamilton v Represented by: Ms A Bowman - Solicitor Mr G Climie — 2019
- Case reference
- 4104155/2018
- Decision date
- 25 November 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Kearns
- Venue
- Glasgow
Parties
2 namedClaimant
Ms A Hamilton
Key findings
Tribunal's reasoningMs Hamilton, aged 63, had worked as Mr Climie's primary personal carer from 26 June 2002. The tribunal found that on 12 November 2017 an argument arose over a watch, that Mr Climie told her to leave and not return, and that she left his home at about 3.45pm. It also found that she did not arrange alternative care for the rest of the shift, and that the respondent later treated the incident as misconduct and began an investigation.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant presented a single unfair dismissal claim. The tribunal held that the employment relationship continued after 12 November 2017 and that dismissal occurred on 2 February 2018 following the disciplinary process. | Dismissed | — | — |
Legal tests applied
7 references- section 98 ERA 1996
- s.98(4) ERA 1996
- British Home Stores v Burchell
- Taylor v OCS Group Ltd
- Mitie Security (London) Limited v Ibrahim
- Sothern v Franks Charlesly & Co Limited
- Hutchinson v Calvert
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.
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