Mr N Burke v WSP UK Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000723/2024 5 Held in Glasgow on 26 August 2024 Employment Judge P O’Donnell Mr N Burke Claimant 10 In Person 15 WSP UK Ltd Respondent Represented by: Mr C Asbury - Solicitor

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 20 The judgment of the Employment Tribunal is that the claim was lodged out of time and the Tribunal does not exercise its discretion to hear the claim out of time. The claim is hereby dismissed for lack of jurisdiction.

REASONS Introduction 25 1. The claimant has brought a claim of unfair dismissal which is resisted by the respondent. The primary defence is that the claim was lodged out of time. Preliminary issues

2. During the course of the hearing, an issue arose as to what claim was being advanced. The claimant, in his evidence, made a number of references to 30 the respondent failing to make reasonable adjustments and that he was dismissed because he was disabled.

3. The respondent’s representative raised the issue that the respondent only considered that they were facing a claim of unfair dismissal (under the 8000723/2024 Page 2 Employment Rights Act 1996) and not a claim of disability discrimination (under the Equality Act 2010). The claimant’s position that he was pursuing a discrimination claim.