Mr P H McAuley v The Law Society of Scotland — 2026

Employment Judge M Whitcombe held that Mr P H McAuley's entire claim against the Law Society of Scotland was dismissed with effect from 4pm on 9 February 2026. The claimant had materially failed to comply with the unless order issued on 3 February 2026 under rule 39(1) of the Employment Tribunal Procedure Rules 2024. The sanction attached to that order therefore took effect, and the judgment constituted written notice of the dismissal.

The tribunal held that, alternatively, the entire claim would have been struck out under rule 38(1)(a) because it had no reasonable prospect of success. Reliance on Irish ethnicity and the argument based on section 21 of the Legal Profession and Legal Aid (Scotland) Act 2007 would each also have been struck out under rule 38(1)(b). The tribunal found it an abuse of process and unreasonable to re-litigate at Employment Tribunal level issues already decided between the parties in case 8001535/2024.

The claimant requested written reasons before the decision was made. Summary oral reasons were given, and the judgment stated that written reasons would follow as soon as practicable. The respondent reserved its position on an application for expenses, to which the normal requirements of rule 75 would apply. No monetary award was recorded.