North East Scotland College

Case Summary

Dr Al-Mashhadanie, a Lecturer in Mechanical Engineering at North East Scotland College, brought claims of discrimination based on his race (Iraqi/Arab) and religion (Islam), alleging various acts of less favourable treatment between April and November 2024. The tribunal dismissed the claims as out of time, finding it was not just and equitable to extend the time limit under section 123 of the Equality Act 2010.

The tribunal found that the discrimination claims were presented outside the three-month time limit prescribed by section 123 of the Equality Act 2010, and it was not just and equitable to extend that time limit to permit the claims to proceed.

• •Whether discrimination claims were brought within the time limit under section 123 of the Equality Act 2010
• •Whether it was just and equitable to extend the time limit to allow late claims based on race and religion

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8002573/2025 Held in Aberdeen by Cloud Video Platform on 10 March 2026 Employment Judge Hendry Dr Haider Al-Mashhadanie Claimant In Person North East Scotland College Respondent Represented by: Mr R Pickard, Counsel JUDGMENT OF THE EMPLOYMENT TRIBUNAL The claims for discrimination made by the claimant being out of time and the Tribunal finding that it was not just and equitable to extend the time limit to allow the claims to be heard late, the claims are dismissed. REASONS 1. The claimant in his ET1 sought findings that he had been discriminated against on the grounds of his race/religion. Other claims made in the ET1 were withdrawn. 2. The claimant works as a Lecturer in the Department of Mechanical Engineering School run by the respondent. 3. The respondent is an educational institution providing further and higher education in the North East of Scotland. 4. The case proceeded to a case management preliminary hearing on 4 February 2026. This was dealt with by Employment Judge Wiseman who, following the hearing, prepared a Note in which she recorded that the claimant was bringing claims of discrimination under sections 13 and 26 of the Equality 8002573/2025 Page 2 Act 2010, that he was relying on his protected characteristics of race (the claimant is Iraqi and ethnically Arab) and on the grounds of his religion which is Islam. Judge Wiseman encapsulated the claims being made in her Note in paragraph 4 as follows: “4. The acts of less favourable treatment are:- • the extension of probation in June 2024 and November 2024. This decision was taken by Ms Michelle Sutherland and Mr Paul Balfour; • being singled out and spoken to aggre…