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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Gilmore v Ministry of Defence [2015] NIIT 00409_15IT (21 August 2015)
URL: http://www.bailii.org/nie/cases/NIIT/2015/00409_15IT.html
Cite as: [2015] NIIT 409_15IT, [2015] NIIT 00409_15IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 409/15
CLAIMANT: Walter Mitchell Gilmore
RESPONDENT: Ministry of Defence
DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is set out at Paragraph 1. below.
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge D Buchanan
Appearances:
The claimant, Mr Gilmore, appeared in person and was not represented.
The respondent was represented by Ms R Best, Barrister-at-Law, instructed by the Crown Solicitor's Office.
1 The claimant's claims of unfair dismissal and age discrimination are dismissed.
2(i) Both claims are out of time. This is accepted by the claimant.
I do not consider it appropriate, in respect of either claim, to extend the time for bringing it. I therefore decline to exercise my discretion to do so. Consequently, the tribunal does not have jurisdiction to hear these claims.
(ii) In reaching this decision, I have borne in mind the different tests for extending time in unfair dismissal and discrimination cases.
3 Reasons were given at the hearing.
4 Had I decided to extend time in relation to either or both claims, I would have acceded to the respondent's alternative application for a Deposit Order against the claimant, as I am satisfied that the claims have, in any event, little reasonable prospect of success.
Employment Judge
Date and place of hearing: 6 August 2015, Belfast
Date decision recorded in register and issued to parties: