Case No 4123210/2018Venue GlasgowHearing 8 February 2019
Between
ABClaimantSouth Lanarkshire CouncilRespondent
Before
Employment Judge W A MeiklejohnMr R Cooney for claimantLay Representative for claimantMr S O’Neill (instructed by Solicitor) for respondentR Cooney - Representative for claimantRespondents for claimantRepresented by: for claimantS O’Neil - Solicitor for claimantAB for claimantSouth Lanarkshire Council for claimantDate 4 October 2019
JUDGMENT
The Judgment of the Employment Tribunal is that –(1) The Claimant’s claim for unfair dismissal was lodged out of time in terms of section 111 of the Employment Rights Act 1996, that it had been 30 reasonably practicable for that claim to have been lodged timeously and accordingly that claim is dismissed; and(2) The Claimant’s claim of unlawful discrimination under section 15 (discrimination arising from disability) of the Equality Act 2010 was lodged out of time in terms of section 123 of the Equality Act 2010 but it was just and equitable to extend the time limit to 24 November 2018 being the 5 date upon which this claim was lodged, and accordingly this claim may proceed.
REASONS
[1]Reasons were given orally at the Hearing. 10 2. A party wishing written reasons must ask for these within 14 days of the date of sending this Judgment to the parties. Employment Judge: W A Meiklejohn Date of Judgement: 15 February 2019 Entered in Register, Copied to Parties: 14 August 2019[2]E.T. Z4 (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4123210/2018 Held in Glasgow on 10 June 2019 Employment Judge F Eccles Mr AB Claimant Represented by: Mr R Cooney - Lay Representative South Lanarkshire Council Respondent Represented by: Mr S O’Neill - Solicitor[3]JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that(i) the claimant has a disability within the meaning of section 6 of the Equality Act 2010 &(ii) the respondent has not shown that they did not know or could not reasonably have been expected to 25 know that the claimant had the disability. Employment Judge: F Eccles Date of Judgement: 10 June 2019 Entered in Register, Copied to Parties: 24 June 2019[4]EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4123210/2018 Held in Glasgow on 26 September and 3 and 4 October 2019 Employment Judge: Rory McPherson Tribunal Member N Elliot Tribunal Member D Frew[5]Claimant Represented by: R Cooney - Representative Respondents Represented by: S O’Neil - Solicitor AB South Lanarkshire Council[6]JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous decision of the Employment Tribunal is that the claimant’s claims of disability discrimination contrary to the Equality Act 2010 do not succeed. The claimant’s claims are all therefore dismissed. REASONS[7]Oral reasons were given at the hearing. I confirm that this is my judgment or order in the case of AB v SLC 4123210/2018 and that I have signed the order by electronic signature.