Scottish Ambulance Service

E.T. Z4 (WR) 5 EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000628/2023 10 Preliminary Hearing Held in Edinburgh on 3 June 2024 Employment Judge A Jones 15 Mr J McKenzie Claimant In person 20 Scottish Ambulance Service Respondent Represented by 25 Mr Fletcher, solicitor 30 JUDGMENT OF THE EMPLOYMENT TRIBUNAL 1. The claimant was at the material time a disabled person for the purpose of section 6 Equality Act 2010 by reason of a mental health condition of 35 anxiety and depression. 2. The respondent’s application that the claimant’s claim of unfair dismissal be struck out or that the claimant be required to lodge a deposit to continue that claim is refused. 8000628/2024 Page 2 3. The case should be listed for a final hearing in person in Edinburgh before a Tribunal sitting with members on 16, 17 and 18 September 2024. Reasons 5 Introduction 1. The claimant lodged a claim of unfair dismissal and disability discrimination. The respondent accepts that the claimant was a disabled person at the 10 material time as a consequence of being in remission from the condition of head and neck cancer. The claimant argues that he was also suffering from a mental health condition at the material time of anxiety/depression/PTSD which arose at least in part as a consequence of the claimant’s recovery from cancer. The respondent did not accept that the claimant was a 15 disabled person by reason of a mental health condition and in the alternative indicated that the respondent was not and could not reasonably have been aware of such condition. 2. The case had been listed for a final hearing to commence today. The respondent made an application on 2 May that the final hearing be 20 cancelled and that a hearing on...