Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 236/07

CLAIMANT: Trevor James Lynch

RESPONDENT: Sainsburys Supermarkets Ltd

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is as follows:

(1) The claim of unfair dismissal is dismissed, because the complaint was not presented to the tribunal before the end of the period of three months beginning with the effective date of termination and the tribunal is not satisfied that it was not reasonably practicable for the claim to be presented before the end of that period.

(2) The claim of unlawful sex discrimination was not presented within the primary time limit provided for in Article 76(1) of the Sex Discrimination (Northern Ireland) Order 1976 ("the 1976 Order"). Nevertheless, it is just and equitable (within the meaning of Article 76(5) of the 1976 Order) for an industrial tribunal to consider the claim.

(3) The claim of racial discrimination was not brought within the primary time limit provided for in Article 65(1) of the Race Relations (Northern Ireland) Order 1997 ("the 1997 Order"). Nevertheless, it is just and equitable (within the meaning of Article 65(7) of the 1997 Order) for an industrial tribunal to consider the claim.

Constitution of Tribunal:

Chairman (sitting alone): Mr P Buggy

Appearances:

The claimant appeared in person.

The respondent was represented by Ms L Gillespie of L'Estrange and Brett Solicitors.

REASONS

1. The claimant was employed by Sainsburys at a supermarket in Coleraine from 1998 until August 2006, when he was dismissed by Sainsburys.
2. In these proceedings, the claims consisted of the following. First, the claimant complained of unfair dismissal. Secondly, the claimant complains of sex discrimination (because, he says, a female manager in analogous circumstances was not dismissed). Thirdly, he complains that the dismissal constituted racial discrimination (because, he says, a black person, in the same circumstances as himself, would not have been dismissed by Sainsburys.
3. The reasons for the above decision were given orally at the conclusion of the hearing.

Chairman:

Date and place of hearing: 17 August 2007, Belfast

Date decision recorded in register and issued to parties: