Barry Shafe, a former executive director of the Forth Estuary Forum (FEF), has taken the charity to an Employment Tribunal, alleging he was discriminated against for taking two months sick leave and that his redundancy was linked to his health.
Background and claims
Mr Shafe, 64, began working at FEF, based in Grangemouth, in January 2019 and served as executive director from October 2021 until October 2025. He was notified in March 2025 that his position was made redundant and later dismissed in August. He has been diagnosed with chronic depression and anxiety and has symptoms similar to ADHD, according to reports.
FEF is a non-profit organisation focusing on marine pollution and biodiversity in the Firth of Forth from Stirling to the North Sea.
Tribunal proceedings
The former executive director appeared at the Edinburgh Employment Tribunal on Wednesday, August 19, after days of delay. Previously, Mr Shafe had arrived over two-and-a-half hours late on Monday, August 17, before requesting the judge postpone the hearing for several weeks. He also failed to provide any documents for his case despite having months to do so.
Employment Judge Sally Cowen pointed out to Mr Shafe that he has had since April to produce documents and witness statements. The postponement request was later rejected, and Judge Cowan said she held "little confidence" that Mr Shafe would comply given additional time.
Evidence and allegations
Mr Shafe told the court: "I was discriminated against because I was absent on sick leave for two months in December 2024 and January 2025. I think their motivations were personal." He added: "My post was declared redundant not for reasons of redundancy but for reasons of my sickness absence, indicating my health was not only potential threat to the charity but was not fitting the trustees own timeline in terms of wanting to get out of the charity personally."
According to court documents, Mr Shafe alleged that he was excluded from trustee meetings and later dismissed. In an alleged grievance in May 2025, he claimed that his intention to report serious governance concerns to the Office of the Scottish Charity Regulator (OSCR) potentially led to the exclusion.
Charity's response
Forth Estuary Forum is a small charitable organisation run mostly by volunteers, according to their solicitor. The non-profit has incurred "very substantial" legal fees due to "the way [Mr Shafe] has conducted these proceedings" through repeated delays, the court heard.
The non-profit's solicitor attempted to have the entire case thrown out on Tuesday, citing Mr Shafe's tardiness and alleged noncompliance. He told the court: "[Mr Shafe] has had every opportunity to conduct this litigation properly and he has chosen to refuse at every possible turn. We ask for [a strikeout] because it is just and proportionate." He added: "[Yesterday] we sat and waited for over three hours - people who have taken time out of their own personal lives. One wasted morning in this context is not a minor inconvenience for a charitable organisation with limited resources."
Judge Cowan did not uphold the strikeout application, and evidence began on Wednesday, August 19. The hearings are presided over by Employment Judge Sally Cowen and tribunal members Ms Mary Watt and Mrs P Fallow. The tribunal continues.
