Claimant v Lord Carloway

Outcome

Facts

The claimant, an Advocate and part-time Sheriff, brought Employment Tribunal proceedings against Lady Smith in July 2019. On 25 July 2019, the respondent, the Lord President, suspended the claimant from the office of part-time Sheriff by Minute of Suspension under s.34(1) of the Judiciary and Courts (Scotland) Act 2008. The claimant withdrew his claim against Lady Smith in December 2019. The suspension remained in place and the respondent retired on 3 February 2025. The claimant filed a victimisation claim on 3 February 2025, arguing the suspension was a continuing act until the respondent's retirement.

Decision

The Tribunal held it had no jurisdiction to consider the claim as it was presented outside the three-month time limit under s.123 EQA 2010. The imposition of the Minute of Suspension on 25 July 2019 was a single discretionary act with continuing consequences, not conduct extending over a period. Time ran from the date of suspension, making the claim over five years out of time. The claimant did not rely on just and equitable extension.

Practical note

Legal authorities cited