4100373/2025

W H Malcolm Ltd and Others

24 November 2025·Employment Tribunal·Scotland·Employment Judge I McFatridge

Respondent

W H Malcolm Ltd and Others

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Decision date

24 November 2025

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge I McFatridge

Case Summary

The claimant brought claims of sex discrimination and breach of agency worker rights against three respondents. The tribunal found the agency worker claim was out of time, the application to amend to add a victimisation claim was refused, and only two parts of the sex discrimination claim were in time and upheld.

Why this outcome?

Out of time

The tribunal determined that most of the claimant's claims were filed out of time and therefore outside its jurisdiction. Of the claims that were in time, the remaining sex discrimination claims were assessed on their merits and found not to be well-founded.

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Key Issues

  • Whether the claimant's claims were in time
  • Whether the claimant should be allowed to amend to add a victimisation claim
  • Whether the claimant's remaining sex discrimination claims had merit

Original published judgment

The full source document is available from the official publication page.

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