Mr H Aberdeen v Scotch Whiskey Auctions Ltd — 2026

Mr Aberdeen was employed as a packer from 22 January 2018 until his dismissal on 22 August 2024. The tribunal accepted that the respondent dismissed him for conduct arising from the handling of annual leave for the staff away day on 9 August 2024. It found that Ms Job told him he needed to take leave if he did not attend, that the respondent genuinely believed he had failed to do so and had been dishonest, and that the investigation, disciplinary hearing and appeal process were fair. The dismissal therefore fell within the range of reasonable responses and the unfair dismissal claim was dismissed.

The disability-related complaints about the 2019 desk and notebook incident and the January 2022 lighting issue were out of time. The tribunal refused to extend time under section 123 of the Equality Act 2010, relying on the length of delay, the prejudice to the respondent and the loss of evidential cogency. Even if the 2019 allegations had been heard, the tribunal found that the colleague's disclosure of the notebook contents and Ms Job's response were not related to disability.

The 2024 harassment and direct discrimination allegations about suspension, the disciplinary hearing, the delay in providing notes and the appeal invitation were not made out. The tribunal found that the hearing was heated in places but fair, that the notes were delayed because Ms Job checked their accuracy, and that there was no evidence the conduct relied on was related to disability or amounted to less favourable treatment. The reasonable adjustments complaint about light diffusers and brightness, first raised in January 2022, was also refused on time grounds; the tribunal noted the evidence was unclear and that substantial disadvantage had not been shown. No compensation was awarded.