Skylark Lasers Ltd

Case Summary

The claimant, appointed as CEO of Skylark Lasers Limited in June 2023, presented claims of unfair dismissal and discrimination on grounds of age and disability following his resignation in November 2024. The respondent raised a capability procedure against the claimant in August 2024 and rejected his subsequent appeal. The tribunal unanimously dismissed all of the claimant's claims.

The tribunal found that the claimant had not been dismissed but had instead voluntarily resigned following the rejection of his appeal against a capability warning. The discrimination claims were found not to be well-founded on the evidence presented, and certain complaints fell outside the time limits prescribed by the Equality Act 2010.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Whether the claimant was dismissed or resigned
• •Unfair dismissal claims
• •Age discrimination
• •Disability discrimination
• •Time limits for discrimination complaints
• •Capability procedure and warnings
• •Breach of implied term of trust and confidence
• •Whether claimant issued ultimatum to respondent
• •Appeal process fairness

ETZ4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8002139/2024 Hearing Held at Edinburgh on 27, 28, 29 and 30October 2025, and Members’ Meeting on 19 December 2025 Employment Judge: M A Macleod Tribunal Member: L Grime Tribunal Member: T Lithgow Mr B Szutor Claimant In Person Skylark Lasers Limited Respondent Represented by Mr G Williams Litigation Consultant JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous Judgment of the Employment Tribunal is that the claimant’s claims all fail, and are dismissed. REASONS 1. The claimant presented a claim to the Employment Tribunal on 15 December 2024 in which he complained that he had been unfairly dismissed, and discriminated against on the grounds of age and disability. 2. The respondent resisted the claimant’s claims in full. 3. Following several Preliminary Hearings, a Final Hearing was listed to take place by hybrid means at the Employment Tribunal, Edinburgh, on 27 to 31 October 2025. The Hearing concluded on 30 October 2025, and a 8002139/2024 Page 2 Members’ Meeting took place on 19 December 2025 to carry out our deliberations in the case. 4. The claimant appeared on his own behalf, and Mr Williams, Litigation Consultant, appeared for the respondent. 5. The parties presented a Joint Bundle of Documents to which reference was made during the Hearing. 6. The claimant gave evidence on his own account. 7. The respondent called as witnesses:  Paul Atkinson, Partner, Par Equity ;  Mark Iain Hanson, Non-Executive Director ;  Ewan Lindsey McLellan, Chair and Investor Director;  Alastair Granger Boughey-Moore, Investment Director, Par Equity; and  David Ewan Morton, Non-Executive Director. 8. Evidence in chie…