James Marshall v McPherson Limited ended on 20 December 2023. Mr Marshall 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.

Mr Cunningham acted for Mr Marshall in his successful appeal to the EAT. 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.

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. Mr Marshall was instructed by DJP Solicitors, Aberdeen for the appeal to the EAT and the remitted hearing.