Mr T Innes and Ms M Bergen v Forth Valley College of Further and Higher Education

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102660/2024 Held in Glasgow on 12 September 2024 Employment Judge: M Sutherland 5 First Claimant Mr T Innes Represented by Mr N Patterson - Solicitor 10 Second Claimant Ms M Bergen Represented by Mr N Patterson - Solicitor 15 Forth Valley College of Further and Higher Education Respondent Represented by 20 Ms F Ross - Solicitor

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that the complaints brought by the first claimant and 25 second claimant were presented out with the statutory time limit and the claims are hereby dismissed for want of jurisdiction.

REASONS

1. The claimants have presented complaints of part time worker discrimination. An open preliminary hearing was arranged to determine whether the 30 complaints were presented within the statutory time limit. Both parties had professional representation.

2. It was established in discussion at the start of the hearing that the claimants assert that: they were treated less favourably than a comparable full time worker as regards their entitlement to paid leave in respect of 3 winter closure 4102660/2024 Page 2 days in 2022/23 which was not pro-rated (calculated proportionately) for part time staff; this entitlement pertained to a contractual term...