Decision date
17 June 2024
Tribunal
Employment Tribunal
Jurisdiction
Scotland
Judge
M Kearns
Case Summary
The case involved a preliminary hearing where the Employment Judge determined that the claimant was disabled as of mid-January 2023, dismissing all disability discrimination claims prior to this date. The employment was terminated by seven weeks' notice due to capability (ill health) reasons, and the unfair dismissal claim was deemed in time.
Why this outcome?
No qualifying employment periodThe Employment Judge found that the claimant did not meet the legal definition of disability until mid-January 2023, therefore all disability discrimination claims arising before that date fell outside the scope of protection and were dismissed as lacking a legal foundation.
Claim Types
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Key Issues
- •Claimant's disability status and its effect on discrimination claims
- •Time bar for claimant's claims
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Case Details
- Case No.
- 8000236/2023
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 17 June 2024
- Published
- 3 July 2024
- Jurisdiction
- Scotland
- Judge
- M Kearns
- Representation
- Litigant in person