EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107417/2024 Held in Aberdeen on and January 2026 Employment Judge J M Hendry Mr Roy Reid Sinclair v Represented by Mr D Adams Solicitor James Johnston & Co. of Elgin Limited — 2026

The claimant was a long-serving Carding Operative who could no longer work nightshift because of health difficulties. Occupational health reports in December 2022 and January 2024 recorded concerns about low mood, fatigue, disturbed sleep and stress linked to night work, and the respondent took him off nightshift temporarily while it considered his position.

The tribunal found that the respondent then carried out a consultation process over several months, obtained further occupational health advice, and warned that dismissal was a possible outcome. It explored alternative work, including roles in the Yarn store and Back Winding that did not involve nightshift, but the claimant said he wanted to stay in Yarn Manufacturing, work about 24 hours a week, and avoid night work. The tribunal found there was no existing day-only part-time Carding Operative post and that the respondent was not required to create a new role or permanently change the shift pattern for him.

Applying section 98 of the Employment Rights Act 1996 and the ill-health capability authorities cited in the judgment, including Spencer v Paragon Wallpapers Ltd, SS v Dundee City Council and East Lindsey District Council v Daubney, the tribunal held that the dismissal was fair. It accepted the respondent's evidence that the carding department required a rotating shift pattern, that nightshift cover could not be sustained indefinitely, and that the appeal handled by Mr Garrow was thorough and fair. The claim for unfair dismissal was dismissed and no monetary award was made.