Industrial Tribunals Northern Ireland Decisions

Wylie v Reliance Security (Preliminary Hearing) [2003] NIIT 2277_03 (25 November 2003)

THE INDUSTRIAL TRIBUNALS

CASE REF: 2277/03

APPLICANT: John Gary Wylie

RESPONDENT: Reliance Security

DECISION ON A PRELIMINARY ISSUE

The unanimous decision of the tribunal is that the claim for disability discrimination is out of time but that it is just and equitable to extend the time for lodging the proceedings.

Appearances:

The applicant appeared in person.

The respondent was represented by Mr Napier, Human Resources Manager.

1. The applicant was dismissed from his employment on 13 February 2003.
2. On 26 March 2003 the applicant lodged an Originating Application claiming unfair dismissal.
3. On 20 June 2003 the applicant wrote to the Office of Tribunals informing it that:-

"After my original submission of Form IT1, I was informed by former colleagues that Mr Coil was inquiring after my health with respect to a serious car accident that involved a head injury that I had 10 years previous. He was asking questions regarding this accident, eg did I attend anger management etc. I feel that this case is taking a turn, could it be that I was dismissed because of my disability ..."

The applicant attached a short note to the letter explaining the effects that the injuries he sustained in the car accident have had on his personality, memory and ability to communicate.

4. A new claim for disability discrimination was registered, and the issue for the tribunal to decide was whether time should be extended on just and equitable grounds to enable the tribunal to consider the applicant's claim for disability discrimination, notwithstanding that it is outside the statutory three months for lodging proceedings.
5. The applicant gave evidence, which we accept, that it had not occurred to him that his alleged disability had anything to do with his dismissal until he was informed that management was asking questions about the effects his previous car accident had had on his health, after his dismissal.
6. We accept that the applicant had no reason to believe that his dismissal might have had any connection with his previous injuries, until he was given this information. It was not submitted that the respondent would be prejudiced by extending the time for lodging the claim.
7. We are also satisfied that within a day or two of being given this information, the applicant immediately wrote to the Office of Tribunals to raise the issue of possible disability discrimination. We are satisfied that he acted promptly, and that in all the circumstances it is just and equitable to extend time for lodging the disability discrimination claim to 20 June 2003.
8. The case will now be listed for a full hearing, and the issue of whether or not the applicant is a disabled person will be dealt with at the full hearing.

Chairman:

Date and place of hearing: 25 November 2003, Belfast

Date decision recorded in register and issued to parties: