Case 4121537/2018 · Employment Tribunal
Mr W MacLeod v Represented by: Mr M Allison - Solicitor ARK Housing Association — 2019
- Case reference
- 4121537/2018
- Decision date
- 22 October 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge R Gall
- Venue
- Glasgow
Parties
2 namedClaimant
Mr W MacLeod
Key findings
Tribunal's reasoningThis was a preliminary hearing in Glasgow on 14 and 16 October 2019. The tribunal considered whether the claimant, Mr W MacLeod, could pursue an out-of-time unfair dismissal claim and an out-of-time disability discrimination claim. The respondents accepted that he had the protected characteristic of disability at the time of dismissal, although they did not accept that they knew or ought to have known of it. The tribunal therefore focused on limitation and time extension issues rather than the substantive merits of dismissal or discrimination.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Preliminary issue only: the tribunal extended time under section 111(2)(b) of the Employment Rights Act 1996, holding that it was not reasonably practicable to present the claim in time and that it was presented within a reasonable time after expiry. The merits of the unfair dismissal claim were not determined in this judgment. | Other | — | — |
| Disability discrimination | Preliminary issue only: the tribunal extended time under section 123(1)(b) of the Equality Act 2010 because it was just and equitable to do so. The respondents accepted that the claimant had the protected characteristic of disability at the time of dismissal, though they maintained they did not know and had no reasonable basis to know that at the time. The merits of the discrimination claim were not determined in this judgment. | Other | Disability | — |
Legal tests applied
4 references- section 111(2)(b) Employment Rights Act 1996
- reasonably practicable
- section 123(1)(b) Equality Act 2010
- just and equitable
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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