Turning Point Scotland

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4100139/2019 (V) Held via CVP on 10 and 11 January 2022 10 Employment Judge McManus Miss S Mutter Claimant Represented by :- 15 Mr M Fulton (Representative) 20 Turning Point Scotland Respondent Represented by:- Mrs Mohammed (Solicitor) 25 JUDGMENT OF THE EMPLOYMENT TRIBUNAL 30 The judgment of the Tribunal is the claimant was not a disabled person during the relevant period for the purposes of the Equality Act 2010. The claims under the Equality Act 2010 in reliance on the protected characteristic of disability (only) are therefore dismissed. 35 REASONS Introduction and Background 1. The claimant has raised claims of unfair dismissal, breach of contract, redundancy payment and alleged discrimination on the grounds of the 4100139/2019 (V) Page 2 protective characteristics of disability and sex. There have been a number of Preliminary Hearings in this case for the purpose of case management. The issue of whether the claimant was a disabled person in terms of section 6 of the Equality Act 2010 (“the Equality Act”) was to be determined as a preliminary issue at this hearing. 5 2. The Note issued following the PH which took place in June 2021 set out my decision on the claimant’s application for strike out of the response, and my decision on further procedure. The claimant sought to appeal my decision not to strike out the response. On 22 March 2021, the Employment Tribunal office received correspondence from the EAT office that the claimant had appealed 10 against a Registrar’s Order which refused the initial appeal as it had been submitted out of time and that the appeal against the Registrar’s Order had also been dismissed by Lord Fairley. The ET proceedings were progressed after the expiration of the 42 day period within which the claimant could seek ...