Mrs E Lew-Gorzynska and Mr I Lew-Gorzynski v David Cargill House

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105999/2022 Held in Glasgow on 23 June 2025 Employment Judge Mrs M Kearns Mr I Lew-Gorzynski Claimant In Person David Cargill House Respondent Represented by: Mr N MacDougall - Advocate

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal was that the claimant’s claim number 4105999/2022 is time barred and the Employment Tribunal does not have jurisdiction to hear it. The claim is dismissed.

REASONS

1. The respondent runs a care home. The claimant was employed by the respondent as a member of its domestic staff from June or July 2011 until his dismissal on 18 April 2022. On 7 November 2022, he notified ACAS of the current claims under the early conciliation rules. On 9 November 2022, ACAS issued an early conciliation certificate. On 12 November 2022, jointly with his mother, the claimant p...

2. A PH on time bar takes one of two forms: It either determines substantively whether or not a claim is in time or it determines whether or not a claim should be struck out as having no reasonable prospect of success on a time point. In E v X, L and Z (UKEAT/0079/20/RN) (at paragraph 50) the EAT (Ellenbogen J) reviewed the authorities starting with Commissioner of Police of the Metropolis v He...