Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:  516/13

CLAIMANT:                      John Arends

RESPONDENT:                Ballymartin Homes Ltd

                                        t/a Ballyclare Private Nursing Homes

DECISION ON A PRE HEARING REVIEW

(1)      The claimant’s complaint of unfair dismissal is dismissed as he had not been continuously employed for a period of not less than one year ending with the effective date of termination.

(2)      The claimant’s remaining complaints are dismissed having been withdrawn by the claimant in open tribunal.

Constitution of Tribunal:

President:              Miss E McBride CBE

Appearances:

The claimant appeared in person.

The respondent was represented by Mr N Richards, Barrister-at-Law, instructed by O’Reilly Stewart Solicitors. 

Reasons

1.       The issues for the tribunal to determine that this Pre Hearing Review were:-

(i)       whether the claimant is disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of the Employment Rights (Northern Ireland) Order 1996 regarding a minimum period of continuous employment?; and

(ii)      whether the claimant should be ordered to pay a deposit of an amount not exceeding £500 as a condition of being permitted to continue to take part in the proceedings relating to his claims of unfair dismissal, sex discrimination and race discrimination on the ground that these claims have little reasonable prospect of success.

2.       With regard to the first issue, Article 126(1) of the Employment Rights (Northern Ireland) Order 1996 provides that an employee has the right not to be unfairly dismissed by his employer.  That right is subject to Article 140 which provides that Article 126 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than one year ending with the effective date of termination unless the exceptions set out in Article 140(2) or Article 140(3) apply.  Having considered the representations of Mr Richards and the claimant, I dismissed the claimant’s complaint of unfair dismissal.  That was because I was not satisfied that the claimant who had been employed from either 2 March 2012 to 12 December 2012 (the claimant’s date) or 10 December 2012 (the respondent’s date) had been continuously employed for a period of not less than one year ending with the effective date of termination or that any of the exceptions set out in Article 140(2) or (3) applied. 

3.       With regard to the second issue, the claimant withdrew the remainder of his case shortly after Mr Richards had commenced his representations.  The claimant’s remaining complaints were therefore dismissed following withdrawal in open tribunal. 

______________________________________

E McBride CBE

President

Date and place of hearing:  26 June 2013, Belfast

Date decision recorded in register and issued to parties: