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 timeThe 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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Case Details
- Case No.
- 8001001/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 28 April 2026
- Published
- 26 June 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge Eccles
- Representation
- Litigant in person