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8002112/2024Respondent Successful

Margiotta Ltd and D Broadbent

27 January 2026ScotlandJ G d'Inverno
GOV.UK

Case Summary

The claimant's complaints of Automatic Unfair Dismissal under s103A of the Employment Rights Act 1996 and detriments under s47B of the Act fail and are dismissed.

Key Issues

  • Alleged Protected Disclosures and Asserted Detriments

Claim Types

Unfair DismissalWhistleblowing

Decision Text

ETZ4(WR) IN THEEMPLOYMENT TRIBUNAL (SCOTLAND)AT EDINBURGH Judgment of the Employment Tribunal inCase No:8002112/2024Heardat Edinburghon10, 11, 12 and 13 November 2025 Employment JudgeJ G d’Inverno Mr M Sfeir Claimant In Person Margiotta Ltd First Named Respondent Represented by: Mr Weir, Director David Broadbent Second Named Respondent In Person JUDGMENTOF THE EMPLOYMENT TRIBUNAL The judgmentof the Employment Tribunal is:- (First)That the claimant’s complaint of Automatic Unfair Dismissal in terms of section 103A of the Employment Rights Act 1996 fails,and is dismissed. 8002112/24Page2 (Second)That the claimant’s complaints of having been subjected to detriments, other than dismissal,in terms of section 47B of the Employment Rights Act 1996 fail,and are dismissed. REASONS 1.This case calledfor Final Hearing,with a time allocation of 4 days,“In Person”at Edinburgh,on 10 November 2025,allfurther to the Case Management Orders of Judge Sutherland,issuedon 23 May at the Closed Preliminary Hearing which proceeded before her on that date, andwhich weresent to parties on 26 May 2025, (“Judge Sutherland’s Orders”). 2.The claimant appeared In Person. The First Named Respondent, his former employer,was represented by Mr Iain Wells, its Finance Director. The Second Named Respondent, Mr David Broadbent, the First Respondent’s Operations Director,appeared In Person. 3.Asat the time of commencement of the Final Hearing, aspects of Judge Sutherland’s Case Management Orders of 23 Mayrelating to; (a)specification of the protected disclosures relied upon and the asserted causally connected detriments, (b)to the documents bundles,and,in respect of, (c)agreeing a timetable for the hearing of witnesses’ oral evidence; had not been complied with.Conseque...

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Employer

Respondent

Margiotta Ltd and D Broadbent

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Case Details

Case Number
8002112/2024
Decision Date
27/01/2026
Published
25/02/2026
Jurisdiction
Scotland
Judge
J G d'Inverno