8000236/2023Dismissed

Caledonian MacBrayne Crewing (Guernsey) Ltd

17 June 2024·Employment Tribunal·Scotland·M Kearns

Respondent

Caledonian MacBrayne Crewing (Guernsey) Ltd

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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 period

The 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.

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Key Issues

  • Claimant's disability status and its effect on discrimination claims
  • Time bar for claimant's claims

Original published judgment

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

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