Mr J Halley v Lord Carloway — 2025

Mr Halley brought a section 27 Equality Act 2010 victimisation claim against Lord Carloway. He said the respondent victimised him by imposing a Minute of Suspension on 25 July 2019, under section 34(1) of the Judiciary and Courts (Scotland) Act 2008, which prevented him from holding the office of part-time Sheriff. The parties agreed facts and written submissions, and the preliminary hearing first addressed whether the claim was time-barred under section 123 of the Equality Act 2010.

The tribunal held that the suspension was a single act done on 25 July 2019, not conduct extending over a period. It accepted that the suspension had continuing consequences, but distinguished those consequences from a continuing act. In reaching that view it referred to the authorities cited, including Barclays Bank plc v Kapur, Sougrin, Owusu, Parr and Hendricks, and rejected the claimant's reliance on Somerville and O'Connor as not assisting on the section 123 Equality Act question.

As a result, time ran from 25 July 2019, and the claim presented on 3 February 2025 was outside the statutory time limit. The tribunal therefore held that it had no jurisdiction to consider the claim. Because that point disposed of the case, it did not determine the remaining preliminary issues on immunity or the application of the Equality Act to the Lord President's powers, and it deferred consideration of the claimant's proposed amendment seeking to add a public interest disclosure claim.