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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Taggart v McElwaine Security Services li... [2013] NIIT 00124_13IT (16 May 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/124_13IT.html
Cite as: [2013] NIIT 00124_13IT, [2013] NIIT 124_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 124/13
CLAIMANT: John Patrick (Sean) Taggart
RESPONDENT: McElwaine Security Services Limited
DECISION ON A PRE HEARING REVIEW
An oral decision was given at the conclusion of the Pre Hearing Review. The claim for unfair dismissal under the 1996 Order was out of time and there were no grounds on which a tribunal could properly extend the time limit. That claim is therefore dismissed as being outside the jurisdiction of a tribunal.
In relation to the claim of age discrimination in relation to the alleged decision to dismiss the claimant, the decision was that the claim was outside the three month time limit but that that time limit should be extended on just and equitable grounds.
Constitution of Tribunal:
Vice President (sitting alone): Mr N Kelly
Appearances:
The claimant was represented by Mr M O’Brien, Barrister-at-Law, instructed by Patrick Fahy & Co Solicitors.
The respondent was represented by Mr R Fee, Barrister-at-Law, instructed by Logan & Corry Solicitors.
1. The counsel for the claimant discontinued the claim of harassment. The counsel for the respondent discontinued any response or suggested response that the reason for the dismissal was to do with redundancy.
2. The claim for age discrimination in relation to the dismissal and the procedure necessarily leading up to that dismissal, as an alleged act of direct age discrimination will continue as case managed and will be heard on the dates specified and in accordance with the directions specified.
Vice President:
Date and place of hearing: 15 May 2013, Belfast
Date decision recorded in register and issued to parties: