Ms T Smith v The Restaurant Group (UK) Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102856/2023 5 Held in Glasgow on 2 October 2023 Employment Judge L Wiseman Ms Tracey Smith Claimant 10 The Restaurant Group (UK) Limited Respondent

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The tribunal decided: 15 (i) the claimant was a disabled person in terms of section 6 of the Equality Act at the relevant time and (ii) the claim is timebarred and a tribunal does not have jurisdiction to determine the claim.

REASONS 20 1. This hearing was a preliminary hearing to determine two issues: (i) whether the claimant was a disabled person within the meaning of section 6 of the Equality Act 2010 and (ii) timebar.

2. The tribunal heard evidence from the claimant and was referred to a number of jointly produced documents. The tribunal made the following material 25 findings of fact. Findings of fact

3. The claimant commenced employment with the respondent on the 25 April 30 2022. She was employed as an Assistant Manager until the termination of her 4102856/2023 Page 2 employment on the 17 November 2022. The letter of termination of employment (page 173) referred to a meeting which had taken place on the 10 November and confirmed employment had been terminated because the claimant had faile...