Mr S McCaffrey v The Chief Constable of The Police Service of Scotland

EMPLOYMENT TRIBUNALS (SCOTLAND)  Case No:  4104204/2023 5 Held in Glasgow by Cloud Video Platform (CVP) on 15 January 2024 Employment Judge L Murphy 10 Mr S McCaffrey Claimant Represented by: Mr J Lawson - Solicitor 15 The Chief Constable of Respondent the Police Service of Scotland Represented by: Ms A Irvine - Solicitor 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that it lacks jurisdiction to hear the claim, the claim having been brought outside the time limit in section 123(1)(a) of the Equality Act 2020 (“EA”), and it not being just and equitable to grant the extension 25 necessary for it to be brought under s.123(1)(b) of EA. The claim is, therefore, dismissed.

REASONS Introduction

1. The claimant brings complaints under sections 13, 15, 19 and 20 of EA 30 under claim number 4104204/2023. The claimant avers he was at the material times a disabled person for the purposes of EA and the respondent concedes this to be so. All of the claimant’s complaints arise from the respondent’s withdrawal of a provisional offer of appointment as a probationary police constable. The provis...

2. ACAS received an Early Conciliation notification on 4 August 2023 and issued an Early Conciliation Certificate on the same date. The claim was also presented to the Tribunal on 4 August 2023. It is uncontroversial that this was more than three years and two months after the expiry of the 5 three-month time limit specified in s.123(1)(a) of EA.