Industrial Tribunals Northern Ireland Decisions

Wilson v Inland Revenue & Ors (Preliminary Hearing) [2003] NIIT 3133_03 (17 December 2003)

INDUSTRIAL TRIBUNALS

CASE REF: 3133/03

APPLICANT: Geoffrey Francis Wilson

RESPONDENTS: 1. Commissioners of Inland Revenue

2. Leo Bunting

3. Gerry Murray

4. Paul McCarrison

5. John Jo Oldham

6. Sharon Todd

DECISION

The unanimous decision of the tribunal is that the applicant is not disqualified from the right not to be unfairly dismissed. Accordingly this application will be listed for hearing.

Appearances:

The applicant appeared in person.

The respondents were represented by Ms A Bell from Crown Solicitors.

1. These reasons are given in summary form.
2. The applicant claimed unfair dismissal, victimisation, harassment and breach of contract.

The respondents denied the applicant's claims and asserted that the tribunal did not have jurisdiction to consider a claim for unfair dismissal as the applicant had not been employed continuously for 12 months ending with the effective date of termination.

3. Accordingly this application was listed to consider the preliminary issue:-

"Whether the applicant is disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of the Employment Rights (NI) Order 1996 regarding a minimum period of continuous employment".

4. The tribunal made the following findings:-

(a) The applicant was employed on a fixed term contract from 6 January 2003 to 8 April 2003.

(b) The requisite period of continuous employment necessary to sustain a claim for unfair dismissal was 1 year.

(c) The applicant's claim lacked the necessary 1 year's continuous employment.

(d) The applicant sought to avail of the exception to the 1 year's continuous employment at Article 140(3)(m) of the Employment Rights (NI) Order 1996 as amended.

(e) The applicant can avail of Regulation 6(3)(v) of the Fixed-term Employees (Prevention of Less Favourable Treatment) (Northern Ireland) 2002. It is clear from the applicant's originating application that he has alleged that the respondents breached these Regulations. The 1 year continuous employment period is therefore disapplied.

(f) Accordingly the tribunal answers the preliminary issue in the negative.

(g) The applicant's application will now be listed for hearing.

Chairman:

Date and place of hearing: 17 December 2003, Belfast.

Date decision recorded in register and issued to parties: