8001605/2025Dismissed

KW Contractors Ltd and Ms J Ironside

11 March 2026·Employment Tribunal·Scotland·Employment Judge D Hoey

Respondent

KW Contractors Ltd and Ms J Ironside

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Decision date

11 March 2026

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge D Hoey

Case Summary

A claimant employed by a building contractor for over 20 years brought claims against the company and its director. The tribunal held a preliminary hearing to determine time bar and jurisdiction issues. The claim was dismissed as it was lodged late and it was reasonably practicable for the claimant to have lodged in time. The tribunal also found the case against the second respondent did not meet the exceptional circumstances required under Antuzis principles.

Why this outcome?

Out of time

The claim was dismissed on time bar grounds. Employment ended on 22 January 2025, ACAS conciliation concluded on 15 May 2025, and the ET1 was not lodged until 26 June 2025. The tribunal found it was reasonably practicable for the claimant to have lodged the claim within the statutory time limit, as the claimant was represented by an experienced employment law solicitor.

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Key Issues

  • Time bar - whether claim was lodged within statutory time limits
  • Jurisdiction - whether second respondent can be pursued under piercing corporate veil principles (Antuzis case)

Original published judgment

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