Case 4106349/2022 · Employment Tribunal
Mr Richard Reed v Represented by:10 Mr D Robson - Solicitor Chris O’Brien and 2 others — 2023
- Case reference
- 4106349/2022
- Decision date
- 12 June 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge I McFatridge
Parties
4 namedKey findings
Tribunal's reasoningMr Reed had worked for Nevis Range Development Company Ltd, but the claim form presented in November 2022 named three individual managers and gave no clear particulars of his own claims. Further particulars and a Scott Schedule were later lodged in February 2023, and the tribunal treated the material as an application to amend the case to include unfair dismissal and disability discrimination claims, together with an attempt to add the employer as a respondent.
The unfair dismissal claim was dismissed as out of time. The tribunal held that the effective date of termination was no later than 19 May 2022, or 25 May 2022 on the claimant's own alternative case, so the three-month limit had expired before early conciliation began on 9 September 2022. Although the claimant said he had been experiencing a depressive episode, the tribunal found there was no medical evidence and no sufficient basis to conclude it had not been reasonably practicable to present the claim in time.
The disability discrimination claim was also dismissed. Applying section 123 Equality Act 2010, the tribunal found that the last act complained of against Mr Reed was his dismissal on 19 May 2022, and that the later incidents related to actions said to have been taken against his partner rather than against him. It therefore held the claim was out of time and that it would not be just and equitable to extend time. The tribunal also said that, even if time had been extended, it would have refused the amendment on Selkent grounds. No monetary award was made and the claims were dismissed in their entirety.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Held out of time under s.111 ERA 1996; the tribunal was not satisfied it was not reasonably practicable for the claim to be presented in time and also refused the application to add Nevis Range Development Company Ltd as respondent. | Dismissed | — | — |
| Disability discrimination | Held out of time under s.123 Equality Act 2010; the tribunal found it was not just and equitable to extend time and observed that the post-dismissal acts relied on were directed at the claimant's partner rather than at Mr Reed. | Dismissed | Disability | — |
Legal tests applied
4 references- s.111 ERA 1996 not reasonably practicable
- s.123 Equality Act 2010 just and equitable
- Selkent principles
- overriding objective
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.
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