Case 4107178/2023 · Employment Tribunal

Member P Fallow (E Coyle required to withdraw) Mr Graham Wark v Leisure & Culture Dundee — 2024

Case reference: 4107178/2023
Decision date: 20 June 2024
Jurisdiction: Scotland
Judge: Employment Judge McFatridge Tribunal
Venue: Dundee
Panel members: P Fallow

Indexed: 23 May 2026

Parties

2 named

Claimant

Member P Fallow (E Coyle required to withdraw) Mr Graham Wark

Respondent

Leisure & Culture Dundee

Key findings

Tribunal's reasoning

The claimant, Mr Graham Wark, was employed by Leisure & Culture Dundee from 1 February 2012 as Head of Leisure and Support Services. The dispute arose after the respondent pursued an organisational review in 2021, including a March 2021 report which proposed reducing the number of Heads of Service. The tribunal found that the report was later withdrawn after a grievance process, but the claimant continued to maintain that his post had been deleted and that the respondent had mishandled the process.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	The tribunal found that the dismissal was for some other substantial reason, namely a breakdown in trust and confidence, rather than conduct, and that dismissal was fair under section 98 ERA 1996.	Dismissed	—	—
Disability discrimination	The claim was brought under section 15 Equality Act 2010. The tribunal accepted that the claimant was likely disabled by October 2022, but found no medical or other evidence that the alleged agitated or angry behaviour arose in consequence of disability.	Dismissed	Disability	—

Legal tests applied

8 references

Official outcome judgment PDF

Gov.uk primary record

The 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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