Claimant v The Scottish Ministers
Outcome
Individual claims
This is a reconsideration application of a preliminary hearing judgment. Three disability discrimination claims were allowed to proceed to final hearing following the original judgment.
The tribunal held that the differential time limit which may apply to the reasonable adjustments claim can only be determined after hearing the full evidence at the final hearing.
Facts
This is a reconsideration application by the claimant challenging a judgment dated 15 January 2025 which found a number of disability discrimination claims to be out of time, allowing only three claims to proceed. The claimant raised six points including questions about whether evidence relating to out of time claims could be led, challenging the tribunal's summary of claims, the differential time limit for reasonable adjustments, and whether the respondent's knowledge of disability was properly considered.
Decision
The tribunal refused the reconsideration application. All six points raised by the claimant were rejected. The tribunal held that the original judgment correctly found no continuing state of affairs and that the time limit issue for reasonable adjustments could only be determined at the final hearing. The claimant's challenges to the summary of claims did not prevent reliance on full particulars at the final hearing.
Practical note
Reconsideration applications challenging preliminary time limit decisions will not succeed where they essentially seek re-evaluation of findings that involve no procedural error or oversight of relevant matters.
Legal authorities cited
Case details
- Case number
- 8000574/2023
- Decision date
- 15 January 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No