J Halley v R W Dunlop KC and A J Graham KC

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case Nos: 8000194/2022 & 8000048/2023 Preliminary Hearing per Written Submissions in Chambers on 11 September 2023 Employment Judge: M A Macleod 10 John Halley Claimant In Person 15 (1) Roderick William Dunlop KC First Respondent (2) Anthony J Graham KC Second Respondent Represented by Mr S Miller Solicitor 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 25 The Judgment of the Employment Tribunal is that:

1. Subject to the Tribunal’s finding in relation to issue (a)(iv), the Tribunal has jurisdiction to hear the claimant’s claim insofar as based on the first respondent’s involvement in the BBC Judicial Review on the 30 basis of time bar, and on the basis that it is capable of amounting to a detriment and therefore victimisation under section 27 of the Equality Act 2010;

2. The first respondent is not a qualifications body within the meaning of section 54(2) of the Equality Act 2010; 35 3. The claimant having withdrawn his allegations about the first respondent’s involvement in the BBC Judicial Review, his claim is dismissed insofar as relating to those allegations;

ETZ4(WR) 8000194/2022 & 8000048/2023 Page 2