ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001495/2025 Preliminary Hearing at Edinburgh on October 2025 Employment Judge: M A Macleod Mr M McCool v Ability Hotels (Aberdeen) Ltd — 2025

At a preliminary hearing on 10 October 2025, Employment Judge M A Macleod considered the respondent's application to strike out Mr M McCool's claim under Rule 38 of the Employment Tribunals Rules of Procedure 2024. The claimant, who appeared in person, said the respondent had misrepresented the job offer and induced him to leave other work. The tribunal noted that the ET1 did not clearly identify a statutory basis, but held that it could be read more broadly as a breach of contract claim within the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994.

The tribunal then examined the claimant's reliance on the email chain of 1 and 2 April 2025, including the heading "Invitation to Interview for GSA Position 16hrs at HBH Edinburgh Airport" and the phrase offering a "casual contract". It rejected the claimant's interpretation that the heading or wording showed an offer of a 16-hour employment contract with employee status, continuity of employment, or guaranteed hours. The judge found the email clear and unambiguous, and held that the omission of the word "a" before "casual" made no difference to its meaning.

Applying the claim at its highest, and taking account of the undisputed contemporaneous emails, the tribunal found there was no reasonable prospect of proving that the respondent contracted to employ the claimant for a minimum of 16 hours per week and then breached that contract. The judge also noted that no findings could be made about any conversations that may have taken place between the parties. The claim was therefore struck out under Rule 38 as lacking any reasonable prospect of success.