Fair Employment Tribunal Northern Ireland Decisions

FAIR EMPLOYMENT TRIBUNAL

 

CASE REFS: 1246/19FET

8838/19

 

CLAIMANT:                          Michael Hanna

 

RESPONDENT:                  Concentrix CVG Intelligent Contact Limited

 

 

JUDGMENT ON PRELIMINARY HEARING ISSUES

 

The judgment of the tribunal is set out in the body of this decision.

 

 

 

 

CONSTITUTION OF TRIBUNAL:

 

Employment Judge (sitting alone):                   Employment Judge Greene

                                                                       

 

 

APPEARANCES:

 

The claimant appeared in person.

 

The respondent was represented by Mr N Phillips, of counsel, instructed by Carson McDowell LLP.

 

 

1.         At a Case Management Discussion on 5 September 2019 Employment Judge Orr directed that a Pre-Hearing Review would convene to determine whether the claimant’s claims were outside the statutory time limit and, if so, whether time should be extended under the appropriate statutory test.

 

2.         The Pre-Hearing Review came on for hearing on 17 October 2019. 

 

3.         In the course of that hearing it became clear that the claimant was asserting that he had made a claim for public interest disclosure causing him a detriment or dismissal.  The respondent contested that he had not made such a claim. 

 

4.         Accordingly, with the agreement of the parties it was decided that this issue relating to any public interest disclosure claim must be determined before the Pre-Hearing Review issues in relation to time could be determined.  It was also identified in the course of that hearing that the claimant had brought claims for discrimination on the basis of religion or political opinion, unfair dismissal, unlawful deduction from wages, non-payment of holiday pay, non-payment of wages including statutory sick pay and a breach of contract. 

5.         The Preliminary Hearing to consider the preliminary issues was convened on
28 January 2020 to determine all the issues. 

 

6.         At the Preliminary Hearing the issues for determination were as follows:-

 

            (1)       Does the claimant’s claim form, including the accompanying documentation, disclose a claim for public interest disclosure that led to or contributed to (a) the claimant’s alleged unfair dismissal, or (b) a detriment.

 

            (2)       If not should leave be granted to the claimant to amend his claim to add a claim for public interest disclosure that led to or contributed to his alleged unfair dismissal or detriment?

 

            (3)       Whether the claimant’s claims, including detriment or dismissal by reason of a public interest disclosure, or any part of those claims are outside the statutory time-limit for lodging such a claim.

 

            (4)       If any of those claims are outside the statutory time-limit for lodging such claims should time be extended to enable the claimant to continue with those claims. 

 

7.         At the Preliminary Hearing, on 28 January 2019, the tribunal considered evidence given by the claimant and submissions by both parties. 

 

PRELIMINARY HEARING ISSUE 1

 

8.         The tribunal concluded that the claimant’s claim form, including the accompanying documentation, did not disclose a claim form for detriment or dismissal by reason of a public interest disclosure. 

 

PRELIMINARY HEARING ISSUE 2

 

9.         On foot of the evidence adduced and submissions made the tribunal was satisfied that the claimant’s claim should be amended to permit a claim for detriment or dismissal by reason of public interest disclosure. 

 

10.      The wording of the amendment is attached to this judgment. 

 

PRELIMINARY HEARING ISSUE 3

 

11.      Apart from the claimant’s claim for discrimination on the basis of religion or political opinion, all the other claims the claimant has brought have a time-limit of three months within which to bring the claims and with a discretion to extend that period where the tribunal is satisfied that it was not reasonably practicable to bring the claim within the three months and the claims were brought within such further period as is reasonable. 

 

12.      In relation to the claim for discrimination on the basis of religion or political opinion the claim was brought within three months but the tribunal has a discretion to extend time where a claim is late providing it is just and equitable to do so. 

 

13.      It was accepted by both parties that all the claimant’ claims were late. 

 

14.      On foot of the evidence adduced and the submissions made the tribunal was satisfied that time should be extended in all of the claimant’s claims to enable them to proceed with those claims.  Time was extended to 1 May 2019. 

 

15.      Full oral reasons for the tribunal’s judgment in relation to each of the Preliminary Hearing issues was given at the hearing. 

 

16.      Accordingly, the respondent will have 14 days from the date of the issue of this judgment to amend its response form. 

 

18.      A further Preliminary Hearing will take place on 13 February 2020 between 10.00 am and 12 noon to prepare the claim for hearing. 

 

 

 

 

 

Employment Judge:      

 

 

Date and place of hearing:  28 January 2020, Belfast.        

 

 

This judgment was entered in the register and issued to the parties on: