Case 4113127/2019 · Employment Tribunal
Mr Donald Gabel v Health & Safety Executive (Inspector Julian Charles Tuvey) — 2020
- Case reference
- 4113127/2019
- Decision date
- 14 February 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge I McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
Mr Donald Gabel
Key findings
Tribunal's reasoningThis judgment concerned a Rule 13 reconsideration hearing after the claimant's ET1 had been rejected on 18 November 2019 on the basis that the tribunal appeared to have no jurisdiction. The tribunal reviewed the original rejection, the claimant's amended paper apart submitted with his letter of 25 November 2019, and further background about earlier proceedings involving the claimant.
The tribunal held that the original rejection decision was correct on the information then available. It also held, however, that the claimant had rectified the defect by amending paragraph 8 of the paper apart to remove wording referring to the HSE's decision being "above Law". The claim was therefore to be treated as presented on 25 November 2019, and the tribunal was satisfied that the Employment Tribunal had jurisdiction, including territorial jurisdiction in Scotland, to consider the claim.
No substantive Equality Act issues were determined. The tribunal directed that the accepted ET1 be served on the respondent with an ET3, and that the matter be listed for a case management preliminary hearing because the claimant alleged unlawful disability discrimination by the HSE.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The judgment did not determine the merits. It accepted the ET1, treated as presented on 25 November 2019, and directed case management for the claimant's disability discrimination allegations. | Other | Disability | — |
| Victimisation | Victimisation was alleged in the ET1 paper apart, but this judgment made no merits determination; it dealt only with reconsideration, acceptance of the claim, and further case management. | Other | — | — |
Legal tests applied
8 references- Rule 12(1)(a) Employment Tribunal Rules of Procedure 2013
- Rule 13 Employment Tribunal Rules of Procedure 2013
- Rule 8 Employment Tribunal Rules of Procedure 2013
- Rule 15 Employment Tribunal Rules of Procedure 2013
- Rule 16 Employment Tribunal Rules of Procedure 2013
- Rule 26 Employment Tribunal Rules of Procedure 2013
- Rule 2 Employment Tribunal Rules of Procedure 2013
- section 120 Equality Act 2010
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
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