ETZ 4(WR) IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) Judgment of the Employment Tribunal in Case No: 8000617/2023 issued following Open Preliminary Hearing Held on the Cloud Based Video Platform, at Edinburgh, on the th of April 2024 Employment Judge J G d’Inverno Mr Nawaz Mohammed v , HR Consultant The Chief Constable of the Police Service of Scotland — 2024

At the open preliminary hearing on 16 April 2024, the claimant's race and age discrimination complaints were withdrawn by his representative in the claimant's presence. On the respondent's application, the tribunal dismissed those complaints. The tribunal also recorded that, for the disability jurisdiction issue, the respondent accepted that the claimant was a disabled person within section 6 of the Equality Act 2010 because of his diagnosed condition of allodynia and related symptoms.

The disability complaints concerned the respondent's decisions on 3 August 2023 and 10 August 2023 refusing to allow the claimant to withdraw his early retirement request and refusing his appeal. The tribunal found that the time limits under section 123(1)(a) of the Equality Act 2010 ran from those dates, that the claimant did not begin early conciliation until 22 November 2023, and that his ET1 was first presented on 24 November 2023, after the expiry of the relevant periods.

The tribunal rejected the claimant's case that early conciliation should be treated as having started on 15 August 2023 or that the time limit should be extended on a just and equitable basis. It found there was insufficient evidence that ACAS had told him the limitation period started from retirement, that he knew of the alleged discrimination and had the means to act earlier, and that any mistaken belief about the deadline was not reasonable in the circumstances. The disability complaints were therefore dismissed for want of jurisdiction.