Mr A Barr v South Lanarkshire Leisure and Culture SCIO: 8002424/2025
JUDGMENT
The Judgment of the Tribunal is that the Tribunal does not have jurisdiction to hear the constructive unfair dismissal claim and therefore the claimant’s application for interim relief cannot proceed.REASONS
[1]The claimant has presented a claim to the Tribunal for constructive unfair dismissal, disability discrimination, whistleblowing, age discrimination and arrears of pay.[2]On 2 November 2025 the claimant made an application for interim relief.[3]The case was set down for an interim relief hearing.[4]At the start of the hearing, the respondent submitted that the application could not be heard as the Tribunal has no jurisdiction to hear the constructive dismissal claim.[5]As the claimant is unrepresented and did not have prior notice of this issue due to not having sight of the ET3 response to the claim before the hearing, the respondent explained their position.[6]The hearing was subsequently adjourned for an hour for the claimant to consider his response to that. The claimant confirmed he had been given sufficient time to do that.[7]Parties thereafter made oral submissions regarding this issue.[8]An oral judgment with reasons was given at the hearing.[9]Written reasons were not requested at the hearing.[10]Written reasons will not be provided unless requested by a party by a written request received by the Tribunal within 14 days of the sending of the written record of the decision. 24 November 2025