Mrs H v Mrs Wendy Lambie and Mr Derek Lambie T/a Water Babies Scotland Central: 4122594/2018 and 4103066/2019
| Judgment Date | 18 February 2020 |
| Citation | 4122594/2018 and 4103066/2019 |
| Published date | 17 July 2020 |
| Court | Employment Tribunal |
| Subject Matter | Flexible Working |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case Nos: 4122594/2018 and 4103066/2019
5 Held in Glasgow on 13 February 2020
Employment Judge M Kearns
Mrs H Claimant 10 In Person
Mrs Wendy Lambie and Mr Derek Lambie Respondents
t/a Water Babies Scotland Central Represented by:
Mr W Lane – 15 Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
Following Preliminary Hearing the Judgment of the Employment Tribunal is that:- 20
(1) the complaint of indirect disability discrimination by association has no reasonable
prospect of success and is struck out under Rule 37(1)(a) of Schedule 1 of the
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013;
(2) the Tribunal has no jurisdiction to hear the complaint of breach of contract as
detailed in paragraph 3 of the Reasons below and the claim fails for lack of 25
jurisdiction;
(3) a hearing is to be fixed to determine the claimant’s remaining claims. Date listing
stencils will be sent out.
REASONS
1. The claimant was employed by the respondent from September 2014 as a swimming 30
teacher. Having complied with the early conciliation requirements she presented
two applications to the Employment Tribunal, the first on 7 November 2018, and a
second on 19 March 2019. She did not resign from the respondents’ employment
until 31 July 2019. At the time of presentation of both ET1s she was a continuing
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