Industrial Tribunals Northern Ireland Decisions

You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Hetherington v Home Care Services (NI) Limite... [2011] NIIT 1848_10IT (11 January 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/1848_10IT.html
Cite as: [2011] NIIT 1848_10IT

[New search] [Printable RTF version] [Help]

THE INDUSTRIAL TRIBUNALS

CASE REF: 1848/10

CLAIMANT: Susanna Hetherington

RESPONDENT: Home Care Services (NI) Limited

Trading as Domestic Care

DECISION

The decision of the tribunal is that the claimant’s claim to the tribunal should be dismissed as being presented outside the time limit allowed.

Constitution of Tribunal:

Chairman (sitting alone): Mr Patrick Cross

Appearances:

The claimant did not appear and was not represented.

The respondent was represented by Mr Mulqueen Barrister at Law instructed by Johnsons Solicitors.

Findings of Fact

1. The claimant was dismissed from the employment of the respondent on 8 January 2010. The claimant appealed against the decision to dismiss her but this was unsuccessful and the dismissal was confirmed on 4 February 2010.

2. The claimant had on 30 December 2009 raised a grievance with the respondent. This was received by the respondent on 11 January 2010, after the dismissal. The claimant elected to have the grievance considered under the standard procedure and this took place on 26 January, with the decision of the respondent, to the effect that the grievance was not upheld, being issued to her on 4 February 2010. The claimant did not exercise her right to appeal this decision.

3. The claimant wrote to the respondent on 24 February 2010, informing the respondent that she intended to institute proceedings in the Industrial Tribunal for unfair dismissal and unlawful deduction from wages.

4. The claimant instituted such a claim in respect of both heads and her application was received by the Office of the Industrial Tribunals and Fair Employment Tribunal on 29 July 2010. This was three months and three weeks outside the time limit laid down by Article 145 of the Employment Rights (Northern Ireland) Order 1996 (hereinafter referred to as “the 1996 Order”).

The Law

5. Under the provisions of Article 145 of the 1996 Order, a tribunal shall not consider a complaint of unfair dismissal unless the complaint is presented to it before the end of a period of three months beginning with the effective date of the dismissal. The only exception to this provision is set out in Article 145 (2) (b), which allows a tribunal to hear a complaint presented to it outside that period if the tribunal “is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.” So far as a claim for unlawful deduction from wages is concerned, a similar time limit is imposed from “the date of payment of the wages from which the deduction was made.” (See Article 55 (2) (a) of the 1996 Order). There is a similar provision for the tribunal to extend this period on the reasonably practicable ground in appropriate cases.

6. There is further provision in the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004, to allow the three month period to commence at a later date if the grievance procedures laid down under The Employment (Northern Ireland) Order 2003 are not completed. However in this case this provision is not relevant as the statutory procedures had been completed within the three month period.

Decision

7. The claimant, who had intimated to the respondent that she intended to raise a claim in the tribunal, should have made sure that her claim was received by the tribunal by close of business on 7 April 2010. She in fact lodged her claim with the tribunal some three months and three weeks late. Clearly this claim must be rejected as out of time. The claimant has raised no reason before this tribunal, as to any reason that might have made it impracticable for her to have complied with the time limit laid down. In these circumstances the tribunal has no jurisdiction to determine the claimant’s claims for unfair dismissal and unlawful deduction of wages and the claims are dismissed, without prejudice to any application that the respondents may make as to costs.

Chairman:

Date and place of hearing: 6 December 2010, Belfast

Date decision recorded in register and issued to parties:

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010