ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8002411/2025 Hearing at Edinburgh on and April 2026 Employment Judge: M A Macleod Ms R McEwan v The Nail and Beauty Zone Limited — 2026

The claimant, Ms R McEwan, was employed by The Nail and Beauty Zone Limited as a Senior Therapist from 28 June 2023 and later managed the Edinburgh Airport salon. The respondent decided in May 2025 to make the claimant and the Lothian Road manager redundant as part of wider cost reductions. The claimant was about 27 weeks pregnant when Ms Johnston telephoned her on 4 June 2025 to tell her she was being made redundant, with employment ending on 4 July 2025.

The section 18 Equality Act 2010 pregnancy and maternity discrimination claim did not succeed. The tribunal found that dismissal was unfavourable treatment and that the respondent knew the claimant was pregnant, but held that the treatment was not because of pregnancy or maternity leave. It accepted the respondent's evidence that redundancy was the principal reason for dismissal. The automatically unfair dismissal complaint under section 99 Employment Rights Act 1996 also failed because the tribunal found that the sole or principal reason for dismissal was not related to pregnancy, childbirth or maternity.

The ordinary unfair dismissal claim succeeded. The tribunal held that redundancy was a potentially fair reason, but that the respondent failed to consult with the claimant before deciding to dismiss her and presented the decision as already made on 4 June 2025. It also found that the self-employed therapist option was not suitable alternative employment and that the Peebles employed therapist role had not been offered before dismissal because the claimant did not receive the 2 June 2025 email. The complaint about not being offered the Rose Street manager role was not upheld because that role was already occupied and the wider selection-pool point had not been pleaded.

The respondent conceded that statutory maternity pay and a statutory redundancy payment were due. The tribunal awarded £7,613.22 for outstanding statutory maternity pay and £628.05 as a redundancy payment. For unfair dismissal, it found the claimant would have been made redundant following a fair procedure, but would likely have remained employed for four further weeks while consultation took place. It awarded £1,256.10 for four weeks' pay and £500 for loss of employment rights, giving £2,100 compensation for unfair dismissal. The total award was £9,997.37.