EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001018/2025 Held by Video Conference in Aberdeen on September 2025 Employment Judge N M Hosie Mr P Jurgiel v Wm Morrison Supermarkets Limited — 2025

The claimant complained of automatic unfair dismissal, alleging that he was dismissed for asserting a statutory right by asking to receive training relevant to new responsibilities and that he was denied an appeal against his disciplinary dismissal. The respondent admitted dismissal but said the reason was conduct, namely gross misconduct, and argued that the claim was out of time and had no reasonable prospect of success.

The Tribunal found that the effective date of termination was 15 December 2024, ACAS early conciliation ran from 9 January 2025 to 20 February 2025, and the last day for presenting the claim was 25 April 2025. The claim was presented on 27 April 2025. The Tribunal was not persuaded that the claimant's explanations, including being in Poland and preparing documents, made timely presentation not reasonably practicable, particularly given his awareness of the time limit and previous experience of Employment Tribunal proceedings.

The Tribunal also considered the pleaded case at its highest and found that it had no reasonable prospect of success. It was not persuaded that requesting training or alleging failure to afford an appeal were assertions of a relevant statutory right under section 104(4) of the Employment Rights Act 1996, and it accepted the respondent's submission that the pleaded matters did not meet the requirements of the potentially relevant health and safety provisions. The claim was therefore dismissed for want of jurisdiction and struck out under Rule 38(1)(a).