Decision date
24 April 2026
Tribunal
Employment Tribunal
Jurisdiction
Scotland
Judge
Employment Judge Smith
Compensation awarded
£45,129
Basic Award
£7,350
Compensatory
£37,779
Extracted from judgment text — may not capture every award component precisely.
Case Summary
A Security Supervisor employed at Aberdeen Airport was unfairly dismissed on the grounds of sickness absence. The employer applied its absence management policy mechanically without proper consideration of underlying medical conditions, alternative options, or the actual business impact of the absences. The tribunal found the dismissal unfair and awarded basic and compensatory awards totalling £45,129.
Why this outcome?
The dismissal was unfair because the employer applied its absence management policy mechanically without properly considering the claimant's underlying medical condition (reactive arthritis), without investigating whether alternative steps could be taken, and without properly assessing the actual business impact of the absences. The dismissing manager adopted 'tunnel vision', following the policy for its own sake rather than trying to achieve its objectives with sympathy, understanding and compassion as required by law.
Claim Types
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Key Issues
- •fairness of dismissal on grounds of sickness absence
- •whether employer followed proper absence management procedure
- •consideration of underlying medical conditions
- •application of Polkey reduction
- •mitigation of loss
Original published judgment
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Case Details
- Case No.
- 4100604/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 24 April 2026
- Published
- 17 June 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge Smith
- Industry
- security services
- Representation
- Legally represented