Mr M MacDonald v IKM Testing UK Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4103523/2022 (P) Held at Aberdeen on 17 February 2023 10 Employment Judge J M Hendry Mr M MacDonald Claimant Represented by 15 Mrs J Coutts-MacDonald, Wife 20 IKM Testing UK Ltd Respondent Represented by Mr M Wishart, 25 PBS Ltd 30

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 35 The Judgment of the Tribunal is that the respondent’s application for strike out is refused. 40

E.T. Z4 (WR) S/4103523/2022 Page 2 5 1. The claimant Mr. M. MacDonald raised proceedings against his former employers for unfair dismissal and disability discrimination. The case was subject to case management in the usual way. On 7 November 2022 there was a Preliminary Hearing (PH) for case management purposes particularly to check if medical records were available for a hearing on disability ...

2. At the telephone hearing the claimant was represented by his wife, Mrs J Coutts-MacDonald. She had represented him throughout. He was not 15 present.

3. I need to narrate some history. There had been a Preliminary Hearing in August. After this the Judge recorded at paragraph 3 of his Note:- “I was conscious that there was a hearing on disability status set down for the 20 end of December but that meant we had four or five weeks in hand to have the medical records produced and inspected by the respondents for them to decide if they are procee...