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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Todd v Omagh District Council [2014] NIIT 1086_14IT (05 September 2014)
URL: http://www.bailii.org/nie/cases/NIIT/2014/1086_14IT.html
Cite as: [2014] NIIT 1086_14IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1086/14
CLAIMANT: William Todd
RESPONDENT: Omagh District Council
DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal was given orally with reasons. It was that the time-limitation issue could not safely be dealt with on the evidence before the tribunal at this time and that it would be dealt with at the hearing on the substantive case on Thursday 30 October 2014.
Constitution of Tribunal:
Vice President (sitting alone): Mr N Kelly
Appearances:
The claimant appeared in person and was not represented.
The respondent was represented by Mr G Grainger, Barrister-at-Law, instructed by Worthingtons, Solicitors.
1. The claimant produced letters which indicated that at all relevant times he was suffering from bipolar affective disorder. For present purposes, and subject to any further argument and/or evidence on this point, I accepted that the claimant had been, on the balance of probabilities, disabled at all relevant times for the purposes of the Disability Discrimination Act 1995.
2. The claimant had clearly taken part, to some extent, in a grievance procedure during the relevant period and clearly had a discussion with a private solicitor in April 2014. The claimant indicated that his condition required that he adopted stress management strategies and that this involved prioritisation of certain issues.
3. In the evidence before me I was not entirely happy that I could decide this issue one way or other without further medical evidence.
4. I advised the claimant that it was in his own interest to seek a further report from the Community Psychiatric Nurse in relation to his ability, or otherwise, to lodge a complaint within the relevant time-limit to the tribunal while at the same time pursuing an internal grievance procedure and discussing the issue with a private solicitor.
5. The issue therefore was not determined. The time-limitation issue will be addressed at the one day hearing of the substantive matter. Following subsequent correspondence that was fixed for 15 October 2014.
Vice President
Date and place of hearing: 2 September 2014, Belfast
Date decision recorded in register and issued to parties: