Claimant v Choice Start Limited
Outcome
Individual claims
The claim was presented outside the time limit under article 7 of The Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994, meaning the tribunal had no jurisdiction. Additionally, the tribunal found the claimant was guilty of gross misconduct and the respondent was entitled to dismiss without notice, so the claim would have failed on its merits anyway.
The tribunal found that the claimant was not less favourably treated because of sex when issued with a final written warning on 28 April 2022. The reason for that treatment had nothing whatsoever to do with sex.
The tribunal concluded the claimant was not subjected to harassment related to sex when he was issued with a final written warning on 28 April 2022.
The tribunal found the claimant was not victimised when he was summarily dismissed on 29 April 2022.
Facts
The claimant was employed by Choice Start Limited trading as Monkey Puzzle Glasgow Central. On 28 April 2022, he was issued with a final written warning. The following day, 29 April 2022, he was summarily dismissed. The claimant brought claims for breach of contract, direct sex discrimination, sex-related harassment, and victimisation. The hearing took place over seven days, though the claimant only attended the first two days in August 2024.
Decision
The tribunal dismissed all claims. The breach of contract claim was out of time and the tribunal lacked jurisdiction; in any event, the claimant was guilty of gross misconduct justifying summary dismissal. The sex discrimination, harassment, and victimisation claims all failed because the tribunal found that the treatment complained of (the final written warning and dismissal) had nothing to do with sex and did not constitute victimisation.
Practical note
A claimant who is guilty of gross misconduct cannot succeed in claiming unfair dismissal or wrongful dismissal, and discrimination claims fail where the tribunal finds the treatment was unrelated to any protected characteristic.
Legal authorities cited
Statutes
Case details
- Case number
- 8000072/2022
- Decision date
- 15 January 2025
- Hearing type
- full merits
- Hearing days
- 7
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No