Ms A De Vere v W H Malcolm Ltd and Others
4100373/2025
- Decision date
- 24 Nov 2025
- Published
- 22 Jan 2026
- Country
- Scotland
- Source
- GOV.UK
Agency Workers
Sex Discrimination
Unlawful Deduction from Wages
Judgment PDF (24 pages · 54 chunks)
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EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100373/2025 Hearing held at Dundee on 28 and 29 October 2025 Employment Judge I McFatridge Tribunal Member E Coyle Tribunal Member S Larkin Ms A de Vere Claimant In person W H Malcolm Limited First Respondent Represented by: Mr Hardman, Advocate Instructed by Messrs Brodies Solicitors Recruitment Direct UK Ltd Second Respondent Represented by: Mr Peddie...
JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous judgment of the Tribunal is that
1. The claimant’s claim under the Agency Worker Regulations is out of time and the Tribunal does not have jurisdiction to hear it. The claim under the Agency Worker Regulations is dismissed.
2. The claimant’s application to amend her claim so as to include a claim of victimisation under the Equality Act is refused. 4100373/2025 Page 2
3. The Tribunal does not have jurisdiction to hear the claim of sex discrimination on the grounds that it is out of time with the exception of (i) The complaint against the first respondent relating to the incident referred to in section 5(g) of the note of the Employment Tribunal preliminary hearing which took place on 25 August 2025 and (ii) the complaint of direct sex discrimination against ...
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