Mr M McGill v Greater Glasgow Health Board — 2025

The claimant brought claims of unfair dismissal, disability discrimination, unauthorised deductions from final wages, and failure to pay full accrued annual leave entitlement. The respondent denied the claims and took the preliminary point that they were time barred. The tribunal treated the effective date of termination as 1 September 2023 and found that early conciliation began on 19 October 2023 and ended on 30 November 2023, but the ET1 was not presented until 7 August 2024.

For the unfair dismissal, unauthorised deductions and holiday pay claims, the tribunal found that the claims were about seven months late. It found there was nothing before it to show that it had not been reasonably practicable to present the claims in time. The tribunal found the delay arose from a breakdown in communication between the claimant and his union, but that did not prevent the union representative or the claimant from presenting a claim within the original time limit. It also found that, even if the first stage had been met, the claims were not presented within a reasonable time after the expiry of the original time limit.

For the disability discrimination claim, the tribunal gave the claimant the benefit of treating the alleged discriminatory treatment as continuing until dismissal, but still found the claim to be about seven months late. Considering the length and reason for the delay, the age and specification of the allegations, the likely effect on evidence, and the prejudice to both parties, the tribunal decided it was not just and equitable to extend time. The tribunal therefore held that it had no jurisdiction to hear any of the claims and dismissed them.