Merlin Travel Group Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No:8001287/2024 Expenses Hearing heldinChambers inAberdeenon4 December 2025 Employment JudgeJ M Hendry Mr Peter Finlay Claimant In Person Assisted by Mr A Leslie, Friend Merlin Travel Group Ltd Respondent Represented by Mr S Connolly, Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Tribunal having considered the respondent’s application for expenses refuses same. REASONS 1.The claimant in his ET1 seeks findings that he was unfairly dismissed by the respondent.He claimed ‘worker status’ and also that he was an employee who had a claim for ‘automatically unfair dismissal’ because of whistleblowing disclosures he had made. 8001287/2024Page2 2.The claims were resisted. The respondent’s position was that the claimant was a self-employed contractorand worked under a commercial contractand that hehad full control over his own business operations and accordingly was not a worker or employee protected by the relevant whistleblowing legislation. 3.The case proceeded to a case management hearing on 23 October 2024. The claimant was not legally represented. The discussion revolvedaround the disclosures madeand whenthese were apparently made to the regulators CAA/ATOL. The issue of employee or worker status was also raisedand it was agreed that a hearing would take place to hear evidence in relation to whether or not the claimant could demonstrate that he was either an employee or worker of the company. 4.The hearing was due to take place on the 15 and 16 May. The claimant obtained representation from a Mr E Obi, anHR professional prior to the hearing. The claimant gave evidence on the first day and was subject to cross examination but did not attend on the second having indicated that he had become unwell and fallen. Photographi...