Case 8002070/2024 · Employment Tribunal
(sitting alone)10 Mr. K. Downie v South Lanarkshire Council — 2025
- Case reference
- 8002070/2024
- Decision date
- 25 March 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge Tinnion
Parties
2 namedClaimant
(sitting alone)10 Mr. K. Downie
Respondent
Key findings
Tribunal's reasoningThe Claimant brought claims of unfair dismissal and disability discrimination against South Lanarkshire Council. His last day of employment and effective date of termination was 23 December 2022, and he did not allege any unlawful treatment after that date.
The ET1 was presented on 9 December 2024, more than 23 months later. The Tribunal found the unfair dismissal claim was not presented in time, that it had been reasonably practicable to present it in time, and that it was not presented within a further reasonable period.
The Tribunal also found the disability discrimination claims were not presented in time and that it was not just and equitable to extend time. The unfair dismissal and disability discrimination claims were struck out because the Tribunal lacked jurisdiction to consider them.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The discrimination arising from disability claim under s.15 Equality Act 2010 was not timely presented; the Tribunal found it was not just and equitable to extend time and struck it out for lack of jurisdiction. | Struck out | Disability | — |
| Disability discrimination | The failure to make reasonable adjustments claim under ss.20-21 Equality Act 2010 was not timely presented; the Tribunal found it was not just and equitable to extend time and struck it out for lack of jurisdiction. | Struck out | Disability | — |
| Unfair dismissal | The unfair dismissal claim under ss.94-98 Employment Rights Act 1996 was not timely presented, was found capable of having been presented in time, and was not presented within a further reasonable period; the Tribunal struck it out for lack of jurisdiction. | Struck out | — | — |
Legal tests applied
6 references- ss.94-98 Employment Rights Act 1996
- reasonably practicable
- further reasonable period
- s.15 Equality Act 2010
- ss.20-21 Equality Act 2010
- just and equitable
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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