Case 4109146/2021 · Employment Tribunal
Mr D Dalgleish v Represented by: Mr B McLaughlin , Solicitor McLaren Packaging Ltd — 2021
- Case reference
- 4109146/2021
- Decision date
- 4 October 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Jones
Parties
2 namedClaimant
Mr D Dalgleish
Key findings
Tribunal's reasoningThis was a preliminary hearing on limitation and jurisdiction, not a final merits hearing. Mr D Dalgleish had been dismissed on 9 December 2020 following an altercation with a colleague and his dismissal was confirmed by letter dated 15 December 2020. He appealed in a handwritten letter, and the appeal was dismissed by letter dated 15 January 2021. The claim form was lodged on 14 April 2021, after the three-month time limit had expired.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Preliminary hearing only. The tribunal decided that the claim was presented out of time but that it was not reasonably practicable to present it within three months and that it was lodged within a reasonable period thereafter, so it had jurisdiction to consider the claim at a final hearing. | Other | — | — |
| Wrongful dismissal | Preliminary hearing only. The tribunal decided that the claim was presented out of time but that it was not reasonably practicable to present it within three months and that it was lodged within a reasonable period thereafter, so it had jurisdiction to consider the claim at a final hearing. | Other | — | — |
Legal tests applied
9 references- s.111 Employment Rights Act 1996
- not reasonably practicable
- reasonable period after expiry of the time limit
- Schultz v Esso Petroleum Ltd
- Marks and Spencer plc v Sabrina Williams-Ryan
- Asda Stores Ltd v Kauser
- Norbert Dentressangle Logistics Ltd v Hutton
- University Hospitals Bristol NHS Foundation Trust v Williams
- Porter v Bandridge
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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