Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REFS: 789/13IT

802/13IT

844/13IT

860/13IT

880/13IT

 

 

 

CLAIMANTS:                    1. Peter Whibley

                                        2. Gerard McCann

                                        3. Stephen Fellowes

                                        4. Michael Conway

                                        5. Laurence Gilloway      

 

 

RESPONDENT:                Nortel Networks UK Ltd (In Administration)

                                       

 

 

DECISION ON A PRE-HEARING REVIEW

 

The decision of the tribunal is that all of the claims in this matter were lodged well outside the three month time limit.  There is no evidence to suggest it was not reasonably practicable for the claims to be lodged in time and accordingly, all the claims are dismissed.

 

 

Constitution of Tribunal:

 

Employment Judge (sitting alone):      Employment Judge McCaffrey

 

 

 

Appearances:

 

None of the claimants appeared at the hearing and they were not represented.

 

There was no appearance on behalf of the respondent.

 

 

 

1.       These matters were listed for a Pre-Hearing Review to consider the following issue:

 

          Is the tribunal deprived of jurisdiction to entertain the unfair dismissal claim because it was not presented within the relevant primary or secondary time-limit? 

 

2.       The time-limit for lodging a claim for unfair dismissal is three months beginning with the effective date of termination of employment (Article 145(2) of the Employment Rights (Northern Ireland) 1996.)  Article 145(2)(b) of the 1996 Order allows the tribunal a discretion to extend the time-limit where it considers it reasonable to do so and where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of three months.

 

3.       In the claims before me, the individual claims were all lodged considerably out of time.

 

(a)            Mr Whibley was dismissed on 30 June 2009 and his unfair dismissal was lodged on 24 April 2013.

 

(b)            Mr McCann was dismissed on 30 June 2009 and his claim of unfair dismissal was lodged on 26 April 2013.

 

(c)            Mr Fellowes was dismissed on 30 March 2009 and his claim of unfair dismissal claim was lodged on 3 May 2013.

 

(d)            Mr Conway was dismissed on 30 March 2009 and his unfair dismissal claim was lodged on 6 May 2013.

 

(e)            Mr Gilloway was dismissed on 30 March 2009 and his unfair dismissal claim was lodged on 8 May 2013.

 

4.       None of the claimants was represented at this hearing, and no evidence was adduced to suggest that it was not reasonably practicable for them to have lodged their claim sooner.

 

5.       Having considered this matter, I find that each of the claims above was lodged considerably outside the three month time-limit specified in Article 145(2) of the 1996 Order, and that there was no evidence before me to suggest that it was not reasonably practicable for the claims to be lodged in time.  Accordingly it is my finding that the tribunal is deprived of jurisdiction to consider all of the above-mentioned claims and the claims are therefore dismissed.

 

 

 

 

 

Employment Judge:      

 

 

Date and place of hearing:  28 November 2014, Belfast.             

 

 

Date decision recorded in register and issued to parties: