8001001/2025Partial success

The City of Edinburgh Council

28 April 2026·Employment Tribunal·Scotland·Employment Judge Eccles

Respondent

The City of Edinburgh Council

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Decision date

28 April 2026

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge Eccles

Case Summary

A preliminary hearing to determine whether complaints of unfair dismissal, whistleblowing detriment, and disability discrimination presented out of time could proceed. The claimant was dismissed on 3 December 2024 and presented his claim on 25 April 2025, beyond the three-month deadline. The Tribunal dismissed the unfair dismissal and whistleblowing complaints as time-barred but allowed the disability discrimination complaint to proceed.

Why this outcome?

Out of time

The Tribunal found it was reasonably practicable for the claimant to have presented his unfair dismissal and whistleblowing claims within three months of dismissal. Although the claimant had mental health difficulties and struggled with alcohol use, he was represented by a trade union post-dismissal, was aware of his rights and time limits, and had access to advice from CAB and ACAS. The Tribunal was not persuaded that these circumstances rendered it not reasonably practicable to present the claims in time. The disability discrimination claim, being subject to different time limit provisions, was allowed to proceed.

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Key Issues

  • Whether claims presented out of time could proceed
  • Whether it was not reasonably practicable to present unfair dismissal claim within three months
  • Whether it was not reasonably practicable to present whistleblowing claim within three months
  • Whether disability discrimination claim presented out of time could proceed
  • Claimant's mental health and alcohol use as context for time limit extension

Original published judgment

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