Cases8001813/2025

Claimant v Fife Council

17 December 2025Before Employment Judge A. TinnionScotlandremote video

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)withdrawn

Claimant withdrew all claims at the preliminary hearing on 10 December 2025. The claims related to alleged disability discrimination during a disciplinary process and failure to make reasonable adjustments for a psychological condition qualifying as a disability under the Equality Act 2010.

Failure to Make Reasonable Adjustments(disability)withdrawn

Withdrawn by claimant at preliminary hearing. The claim concerned alleged failure to adjust the disciplinary process despite Occupational Health confirming a psychological condition qualifying as a disability.

Detrimentwithdrawn

Withdrawn by claimant. The claim related to alleged detriments suffered through a disciplinary process that concluded with no formal action but a recorded counselling requirement allegedly in breach of policy and ACAS Code.

Breach of Contractwithdrawn

Withdrawn by claimant. The claim concerned alleged breach of the Council's Disciplinary Policy and ACAS Code of Practice in the handling of the disciplinary process and grievance procedures.

Facts

The claimant, an employee of Fife Council, was subjected to a disciplinary process in 2025 based on allegations of being 'dangerous' and 'menacing'. The disciplinary concluded on 10 July 2025 with no formal action but a recorded counselling requirement. The claimant alleged this breached the Council's Disciplinary Policy and ACAS Code. He suffered from a psychological condition confirmed by Occupational Health as a disability. He also raised concerns about delayed Subject Access Request responses, improper access to a Disclosure Scotland document, and unanswered grievances.

Decision

This was a preliminary hearing at which the claimant withdrew all claims against Fife Council. The tribunal dismissed the claims following withdrawal, which included disability discrimination, failure to make reasonable adjustments, detriment claims, and breach of contract allegations.

Practical note

A claimant may withdraw claims at any stage of proceedings, resulting in dismissal without any substantive determination of the merits.

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
8001813/2025
Decision date
17 December 2025
Hearing type
dismissal on withdrawal
Hearing days
1
Classification
procedural

Respondent

Name
Fife Council
Sector
local government
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No