At the time of writing the Judgment is not yet available on the Employment Tribunal website.
Greg Cunningham of Westwater Advocates successfully represented Mr Marshall in this claim of constructive dismissal, which took over two years to reach a successful outcome for the claimant.
Mr Marshall’s employment ended on 20 December 2023. He made a claim to the employment tribunal and presented his case as a party litigant at the hearing. The employment tribunal dismissed the claim on 25 June 2024. 4107495.2023__Mr_James_Marshall_v_McPherson_Limited.pdf.
Greg acted for Mr Marshall in his successful appeal to the EAT. Mr_James_Marshall_v_McPherson_Ltd__2025__EAT_100.pdf. Lady Haldane remitted the case to a different tribunal for a rehearing which took place in January 2026. Mr Marshall’s claim succeeded and he was awarded £32,000.00.
The history of this case is an illustration of how the application of the legal test for constructive dismissal to a complicated set of circumstance can raise tricky questions for both parties.
Greg was instructed by DJP Solicitors, Aberdeen, for the appeal to the EAT and the remitted hearing.
Greg specialises in employment law and is instructed for claimants and respondents in a wide range of employment disputes. He has experience of the EAT and the Inner House in employment claims.