Case 4100135/2021 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND)5 Case No: 4100135/2021 Open Preliminary Hearing Held by Cloud Video Platform (CVP) on June 202110 Employment Judge - A Strain Mr Bryan McMurtrie v Department for Work and Pensions — 2021
- Case reference
- 4100135/2021
- Decision date
- 28 June 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Alan Strain
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND)5 Case No: 4100135/2021 Open Preliminary Hearing Held by Cloud Video Platform (CVP) on June 202110 Employment Judge - A Strain Mr Bryan McMurtrie
Respondent
Key findings
Tribunal's reasoningAt an open preliminary hearing held by CVP on 8 June 2021, the tribunal considered jurisdiction and the identified claims brought by Mr Bryan McMurtrie against the Department for Work and Pensions.
The tribunal held that the unlawful deductions from wages claim had been presented out of time. It found that it had been reasonably practicable for the claim to have been presented in time, and dismissed that claim for want of jurisdiction under Rule 37(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
The tribunal also dismissed the claims in respect of sexual orientation discrimination, public interest disclosure and disability discrimination. The written judgment states that oral reasons were provided to the parties at the conclusion of the hearing, but does not set out further reasoning for those dismissals.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Dismissed for want of jurisdiction because the claim was presented out of time and the tribunal found it was reasonably practicable to have presented it in time. | Dismissed | — | — |
| Sexual orientation discrimination | Recorded from the judgment. | Dismissed | Sexual orientation | — |
| Whistleblowing | The judgment refers to this as a public interest disclosure claim. | Dismissed | — | — |
| Disability discrimination | Recorded from the judgment. | Dismissed | Disability | — |
Legal tests applied
2 references- reasonably practicable
- Rule 37(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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