This reclaiming motion raises four questions. First, is there a power in either the Court of Session or, more important, the Sheriff Court to grant a warrant for inhibition and arrestment on the dependence of an application to an Employment Tribunal for damages resulting from discrimination and harassment? Secondly, if there is, is the procedure involved ‘excessively difficult’ such that it does not provide the applicant with an effective remedy as required by EU law? Thirdly, is the correct comparator for EU purposes those who make similar claims in the court system for damages arising out of the provision of services or those making other claims before an Employment Tribunal? Fourthly, is this abase in which the petitioner’s identity should be anonymised in the opinion issued by the court
[2019] ScotCS CSIH – 43, 2019 GWD 24-375, 2019 SLT 915
Bailii
Scotland
Employment, Litigation Practice
Updated: 15 November 2021; Ref: scu.641186