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Mr G Madden v Waracle Ltd and Cathcart Associates Ltd

4112400/2021

Decision date
10 Nov 2023
Published
27 May 2022
Country
Scotland
Source
GOV.UK
Breach of Contract Disability Discrimination Unfair Dismissal

Judgment PDF (12 pages · 47 chunks)

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EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4112400/2021 5 Held via Written Submissions on 18 May 2022 Employment Judge R Gall 10 Mr G Madden Claimant In Person 15 Waracle Limited First Respondent Represented by: Mrs D Reynolds - Solicitor 20 Cathcart Associates Ltd Second Respondent Represented by: Mrs D Reynolds - Solicitor
25 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Tribunal is that the dismissal of the claim which occurred automatically following failure by the claimant to comply with an Unless Order issued on 28 March 2022 stands, the Order not being set aside, it not being in the interests of justice so to do. The claim will remain dismissed.
30 REASONS
1. This is a claim of disability, the protected characteristic upon which the claimant relies being disability. At present the respondents do not accept on the information before them that the claimant was disabled at the relevant time. They also say that they did not have actual or “constructive” knowledge 35 of disability. The conditions which the claimant sets out as affecting him and which ...
2. The claimant was in a working relationship with the respondents. The precise nature of that relationship and the party with whom any liability may rest has yet to be determined. The working relationship was for the period between 19 July 2021 and 14 September 2021. That is therefore the relevant time in 5 relation to the allegations of discrimination.

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