Case 4110602/2021 · Employment Tribunal
Mr F Nicholl v 20 The Ultimate Highland Experience Ltd — 2022
- Case reference
- 4110602/2021
- Decision date
- 12 January 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Jones
- Venue
- Edinburgh
Parties
2 namedClaimant
Mr F Nicholl
Respondent
Key findings
Tribunal's reasoningThe claimant was employed as a tour guide and driver under an annualised-hours contract. In March 2020, after the onset of the pandemic, the respondent consulted staff about keeping the business going and proposed temporary hourly-paid terms for those it wished to retain on furlough. The tribunal found that the claimant agreed to the variation on 6 April 2020, with effect from 18 March 2020, so that he could be placed on furlough and receive income under the Job Retention Scheme.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was pursued on a constructive dismissal basis as well as as an unfair dismissal complaint. The tribunal found the respondent did not fundamentally breach the claimant's contract, that the claimant agreed to the furlough-related contract variation on 6 April 2020 with effect from 18 March 2020, and that he did not resign in response to any breach by the respondent. | Dismissed | — | — |
Legal tests applied
6 references- s.95(1)(c) ERA 1996
- s.98 ERA 1996
- s.98(4) ERA 1996
- Bournemouth University Higher Education Corporation v Buckland
- Malik threshold
- Abrahall v Nottingham City Council
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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