Case 4100173/2024 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100173/2024 Held at Aberdeen on October 2024 Employment Judge N M Hosie v Mr David Adamczyk — 2024
- Case reference
- 4100173/2024
- Decision date
- 17 October 2024
- Jurisdiction
- Scotland
- Venue
- Aberdeen
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100173/2024 Held at Aberdeen on October 2024 Employment Judge N M Hosie
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr David Adamczyk, brought complaints of unfair dismissal, race discrimination and religion or belief discrimination against Aberdeen City Council. The tribunal found that the effective date of termination was 17 August 2023, that the claimant notified ACAS on 30 October 2023, and that the ACAS certificate was issued by email on 11 December 2023. Under the early conciliation extension provisions, the claimant then had one month to submit his tribunal claim, but he did not present the claim form until 12 January 2024, which was one day late.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed for want of jurisdiction because the claim form was presented one day out of time and the tribunal did not extend time under the reasonably practicable test. | Dismissed | — | — |
| Race discrimination | Dismissed for want of jurisdiction because the claim was presented one day out of time and the tribunal was not satisfied that it was just and equitable to extend time. | Dismissed | Race | — |
| Religion or belief discrimination | Dismissed for want of jurisdiction because the claim was presented one day out of time and the tribunal was not satisfied that it was just and equitable to extend time. | Dismissed | Religion or belief | — |
Legal tests applied
8 references- s.207B ERA 1996
- s.123(1)(b) Equality Act 2010
- reasonably practicable test
- just and equitable test
- Palmer and Saunders v Southend-on-Sea Borough Council
- Robertson v Bexley Community Centre
- Adedeji v University Hospitals Birmingham NHS Foundation Trust
- British Coal Corporation v Keeble & Ors
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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