Decision date
17 April 2026
Tribunal
Employment Tribunal
Jurisdiction
Scotland
Judge
Employment Judge M A Macleod
Case Summary
A preliminary hearing to determine jurisdiction and procedural matters in a discrimination claim by a police sergeant against the Police Service of Scotland. The tribunal dismissed certain time-barred claims, granted in part an application to amend the claim, and dismissed allegations on grounds of res judicata. The claimant was permitted to pursue claims relating to sex discrimination (11 April 2025) and disability discrimination (1 April 2025) as they fell just outside the statutory time limit and the tribunal exercised its just and equitable discretion.
Why this outcome?
Out of timeThe tribunal found that several of the claimant's allegations were substantially out of time (dating back to 2018, 2022, January 2024, and September 2024) and lacked convincing explanation for the delay, making it prejudicial for the respondent to have to defend claims arising from events 12 months or more before presentation. However, claims relating to 11 April 2025 (sex discrimination) and 1 April 2025 (disability discrimination) were permitted to proceed as they fell only one day outside the statutory time limit, the claimant had provided an explanation (attempting internal resolution), and the tribunal considered it was in the interests of justice to exercise its discretionary power under the just and equitable jurisdiction.
Claim Types
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Key Issues
- •Time-bar jurisdiction - whether claims are time-barred under employment law statutory time limits
- •Application to amend claim dated 28 October 2025 - granted in part
- •Application to amend claim dated 14 March 2026 - refused entirely
- •Res judicata - whether allegations previously judicially determined should be dismissed
- •Just and equitable discretion - whether to allow out-of-time claims to proceed
- •Continuing acts doctrine - whether disability discrimination complaints constitute continuing acts
Original published judgment
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Case Details
Hearing venue
Decided at Glasgow Employment Tribunal →- Case No.
- 8002179/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 17 April 2026
- Published
- 4 June 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge M A Macleod
- Representation
- Litigant in person