Case 8001605/2025 · Employment Tribunal
Mr A Auld v Represented by: Ms L Beedle - Solicitor K W Contractors Ltd and 1 other — 2026
- Case reference
- 8001605/2025
- Decision date
- 11 March 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge D Hoey
- Venue
- Glasgow in chambers
Parties
3 namedClaimant
Mr A Auld
Key findings
Tribunal's reasoningThis was a preliminary hearing on time bar and whether the second respondent could properly be proceeded against. The tribunal held that Mr Auld's ET1, presented on 26 June 2025, was outside the relevant limit. It treated the ordinary limitation date as 21 April 2025 and, applying s.207B(3) and s.207B(4) of the Employment Rights Act 1996, found that the adjusted deadline was 15 June 2025, so the claim was 11 days late.
The tribunal rejected the claimant's argument that the conciliation period should be added on in the way suggested in correspondence. It held that the claimant was legally represented, that the time limits were clear, and that there was no basis for saying it was not reasonably practicable to present the claim in time. On that basis, the unfair dismissal, unlawful deduction from wages and breach of contract complaints were dismissed.
The tribunal also considered whether the second respondent, Ms J Ironside, could be liable personally. Assuming Antuzis v D J Houghton applied in Scotland, it held that the pleaded case did not engage the exceptional principle in that authority. The tribunal said the allegations that the company was being 'run down' and that the claimant was dismissed for personal reasons were not enough to make the second respondent personally liable, so the case against her was dismissed.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed as out of time after the tribunal applied ss.207B(3) and 207B(4) ERA 1996 and found it was reasonably practicable to present the claim in time. The judgment contains an apparent inconsistency about Day A in the facts section, but the final calculation treated the claim as 11 days late. | Dismissed | — | — |
| Unlawful deduction from wages | Dismissed on the same time-bar reasoning as the other complaints; no merits findings were made. The tribunal applied ss.207B(3) and 207B(4) ERA 1996 and concluded the claim was late. | Dismissed | — | — |
| Breach of contract | Dismissed as out of time under the same limitation analysis; the tribunal did not reach the merits of the contractual claim. | Dismissed | — | — |
Legal tests applied
12 references- s.111(2) ERA 1996
- s.207B(3) ERA 1996
- s.207B(4) ERA 1996
- reg 7 Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994
- Saunders v Southend on Sea Borough Council
- Trevelyans (Birmingham) Ltd v Norton
- Dedman v British Building 1974 ICR 53
- Marks and Spencer plc v Williams-Ryan
- Northamptonshire County Council v Entwhistle
- BLISS v Fellows
- Luton Borough Council v Haque
- Antuzis v D J Houghton
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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