Tennent Caledonian Breweries UK Ltd

Case Summary

A preliminary hearing to determine jurisdictional time limit issues for multiple claims brought by the claimant against Tennent Caledonian Breweries UK Limited. The claimant brought complaints of constructive unfair dismissal, sex discrimination, harassment, disability discrimination, victimisation, and detriment for protected disclosures. The Tribunal found it had jurisdiction over the whistleblowing and victimisation complaints, but did not have jurisdiction to consider the unfair dismissal, sex discrimination, harassment, and disability discrimination complaints, which were therefore dismissed.

The Tribunal found that the complaints of unfair dismissal, sex discrimination, harassment, and disability discrimination were not brought within the primary three-month time limit and could not be treated as continuing acts or ongoing state of affairs, placing them outside the Tribunal's jurisdiction. However, the complaints of detriment as a result of protected disclosures and victimisation were conceded to have been brought timeously and therefore remained within the Tribunal's jurisdiction.

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• •Whether constructive unfair dismissal complaint was presented within the primary three month time limit
• •Whether sex discrimination and harassment complaints were brought within time limits or as continuing acts
• •Whether disability discrimination complaints were brought within time limits or as continuing acts
• •Whether complaints of victimisation and detriment as a result of protected disclosures were brought within time limits
• •Whether the Tribunal has jurisdiction to consider the various complaints

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8002387/2025 Held in Edinburgh on 24 April 2026 Employment Judge Sangster Ms A de Vere Claimant In Person Tennent Caledonian Breweries UK Limited Respondent Represented by: Ms R Kight - Barrister JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that: • The Tribunal does have jurisdiction to consider the claimant’s complaints of detriment as a result of making a protected disclosure and victimisation. • The Tribunal does not have jurisdiction to consider the claimant’s complaints of unfair dismissal, direct sex discrimination, harassment related to sex, direct disability discrimination and discrimination arising from disability. Those complaints are therefore dismissed. REASONS Introduction 1. The claim was set down for a preliminary hearing to determine whether the complaints were lodged within the requisite time limits and, if made, an amendment application. The claimant confirmed at the commencement of the preliminary hearing that she had not sought to amend her claim, so no such application required to be determined. 2. Parties had prepared a list of issues, which was discussed at the commencement of the preliminary hearing. The claimant confirmed, with reference to this, that the complaints brought are as follows: 8002387/2025 Page 2 2.1. Constructive unfair dismissal. 2.2. Direct sex discrimination/harassment related to sex. The claimant asserts that the actions of Pat MaAfee (PM) in the period from July 2021 to August 2023 amounted to direct discrimination or harassment. 2.3. Direct disability discriminatio…