EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000201/2025 Held by CVP in Aberdeen on June 2025 Employment Judge J M Hendry Mrs M A Hogg v Outcomes First Group — 2025

The hearing on 6 June 2025 was a preliminary strike-out hearing. The claimant appeared in person and the respondent was represented by counsel. The tribunal heard evidence from the claimant and from Mr Patrick Gannon, whose evidence was found credible and generally reliable. The tribunal said the claimant was honest and had a genuine sense of grievance, but was not wholly credible. It also noted that the equal pay claim was not determined in this judgment and remained to be progressed.

Applying Rule 38 and the limitation provisions, the tribunal held that the monetary claims were out of time: the minimum wage and other wage-deduction complaints, including the sick pay complaint, were late under s.23(2) ERA 1996, and the holiday pay complaint was out of time under the Working Time Regulations. It found the claimant had not shown that it was not reasonably practicable to present those claims in time. The whistleblowing detriment claim was also struck out as out of time; the tribunal was not satisfied that the matters relied on were clearly protected disclosures under s.41A ERA 1996, and it noted that the alleged detriments predated the claimant’s Safecall contact in November 2024.

The disability discrimination and disability harassment claims were struck out because the claimant had not shown it was just and equitable to allow them to proceed late. The tribunal said it could not discern clear complaints of disability discrimination and that the claimant’s narrative showed the employer’s actions were taken for reasons unrelated to disability, including disciplinary action arising from workplace issues. The part-time workers complaint was recorded as withdrawn and dismissed. The respondent’s alternative strike-out application based on non-compliance with orders was refused, because the tribunal accepted the claimant had computer problems and health difficulties and had not wilfully disregarded the orders. No monetary award was made.