Claimant v The Scottish Ministers
Outcome
Individual claims
The tribunal found the claimant had no reasonable prospect of establishing that alleged discriminatory acts prior to February 2024 were part of a continuing course of conduct or that it would be just and equitable to extend time. These earlier discrimination complaints were therefore struck out as time-barred.
One allegation remains proceeding: an alleged delay in making a reasonable adjustment to grant the claimant exclusive use of his permanent desk so no other staff could use it when he was not in work. This claim was not struck out and will proceed to determination.
Facts
The claimant, employed by The Scottish Ministers, brought discrimination claims including allegations of failure to make reasonable adjustments relating to exclusive use of his desk. The respondent applied to strike out complaints relating to alleged discriminatory acts prior to February 2024 on the basis they were out of time. The claimant argued these acts were part of a continuing course of conduct or that time should be extended on just and equitable grounds.
Decision
The tribunal struck out the discrimination complaints relating to acts prior to February 2024, finding the claimant had no reasonable prospect of establishing either that they were part of a continuing course of conduct or that it would be just and equitable to extend time. One claim relating to delay in providing exclusive desk use remains to be determined.
Practical note
Even in discrimination cases where continuing conduct arguments may be available, tribunals will strike out time-barred claims at preliminary hearings where there is no reasonable prospect of establishing the necessary legal connection between acts or just and equitable grounds for extension.
Legal authorities cited
Statutes
Case details
- Case number
- 8000749/2024
- Decision date
- 27 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No