Decision date
3 April 2024
Tribunal
Employment Tribunal
Jurisdiction
Scotland
Judge
N M Hosie
Case Summary
The case was dismissed as time-barred and had no reasonable prospect of success.
Why this outcome?
Out of timeThe tribunal dismissed the claim because it was filed outside the statutory time limit and had no reasonable prospect of success on the merits.
Claim Types
Key Issues
- •time bar issue
- •prospects of the claim succeeding
Decision Text
EMPLOYMENTTRIBUNALS(SCOTLAND) 5 10 15 20 25 30 35 Case No: 8000525/2023 Held on 22 March 2024 Employment Judge N M Hosie MrsMDouglas Claimant In Person Halliburton Management Limited Respondent Representedby: MrSJones, Solicitor JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Tribunal is that:- (1) the claim is time-barred and is dismissed for want of jurisdiction; and (2) the claim has no reasonable prospect of success and is struck out under Rule 37(1)(a), in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 ETZ4(WR) 8000525/2023 Page 2 REASONS 1. The claimant brought a claim of pregnancy and maternity discrimination, in terms of s.18 of the Equality Act 2010. The claim was denied in its entirety by the respondent. PreliminaryIssues 2. This case called before me by way of a Preliminary Hearing to consider two preliminary issues namely, time bar and the prospects of the claim succeeding. The Preliminary Hearing was fixed by Judge Hendry at a Case Management Preliminary Hearing on 18 December 2023. The Note which he issued following that Hearing is referred to for its terms. TheEvidence 3. I heard evidence from the claimant with regard to the time bar issue. So far as the issue of the prospects of the claim succeeding was concerned, it was not necessary for me to hear any evidence as, for the purposes of this Hearing only, I took the claimant’s averments in her claim form at their highest value, in other words, I accepted that she would be able to prove the facts averred in her claim form. DocumentaryProductions 4. The parties both submitted a bundle of documentary productions (“C” and “R”). TimeBar Relevant Law 5. The general rule is that claims of work-related discrimination under the Equality Act 2010 must be presented to the Employment Tribunal, within the period of 3 months starting with the date of the act complained of (s.123). 5 10 15 20 25 30 8000525/2023Page 3 6. I first had to determine, therefore, …
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Case Details
- Claimant
- Mrs M Douglas
- Case No.
- 8000525/2023
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 3 April 2024
- Published
- 17 December 2024
- Jurisdiction
- Scotland
- Judge
- N M Hosie
- Representation
- Litigant in person
Registered Company
- Company name
- HALLIBURTON MANAGEMENT LIMITED
- Company number
- SC232078
- Industry
- Administrative & Support
- Status
- active