8001339/2025Partial success

Mr P Lewtas

v Ms J Yeats

5 May 2026·Employment Tribunal·Scotland·Employment Judge MacLean

Respondent

Mr P Lewtas

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Decision date

5 May 2026

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge MacLean

Case Summary

The tribunal determined it lacked jurisdiction to consider the claimant's whistleblowing detriment complaint under section 48 of the Employment Rights Act 1996 and the unfair dismissal complaint under section 111 of the Employment Rights Act 1996. The tribunal exercised its discretion under section 123 of the Equality Act 2010 to extend the time limit for presenting complaints under the Equality Act 2010 until 27 May 2025.

Why this outcome?

Jurisdictional bar

The tribunal lacked jurisdiction to hear the whistleblowing detriment and unfair dismissal claims under the respective statutory provisions, but exercised its discretion to extend the time limit for Equality Act 2010 complaints as it was just and equitable to do so.

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Key Issues

  • Jurisdiction under section 48 of the Employment Rights Act 1996 for whistleblowing detriment claim
  • Jurisdiction under section 111 of the Employment Rights Act 1996 for unfair dismissal claim
  • Time limit extension under section 123 of the Equality Act 2010 for discrimination claims

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001339/2025 Held in Aberdeen by cloud video platform on 29 April 2026 Employment Judge MacLean Ms J Yeats Claimant Represented by: Ms Beedie, Solicitor Mr P Lewtas Respondent Represented by: Mr Tudor, Consultant JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is: 1.The Tribunal does not have jurisdiction under section48 of the Employment Rights Act 1996to consider thecomplaintthat the claimant was subject to a detriment in contravention of section 47Bof the Employment Rights Act 1996. 2.TheTribunal doesnothave jurisdiction under section 111 of the Employment Rights Act 1996 toconsiderthe claimant’s complaint of unfair dismissal under section103Aof the Employment Rights Act 1996. 3.Itis just and equitable under section 123 of the Equality Act 2010,to exercisethe Tribunal’sdiscretiontoextend the time limit for presenting the complaints under the Equality Act 2010 until27 May 2025. REASONS Summary reasons were provided to the parties at the final hearing. Date sentto parties____05.05.2026_____

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