Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   1310/14

 

 

 

CLAIMANT:                      Jack Kosut

 

 

RESPONDENT:                Tesco Stores Ltd

 

 

WRITTEN REASONS FOR DECISION ON A

PRE-HEARING REVIEW

 

 

1(i)     This case – a pre-hearing review on time-points in unfair dismissal and race discrimination claims – was heard on 13 November 2014 and an oral decision was given on that date.

 

(ii)     A written record of the decision was issued to the parties on 1 December 2014.  For convenience, a copy of it is attached as an Appendix.

 

(iii)     By letter of 8 December 2014 solicitors acting for the claimant requested written reasons for the decision.  Those written reasons are set out in the succeeding paragraphs and are, in substance, those delivered orally.

 

2(i)     The claimant was dismissed on 21 November 2013.  The claims should have been lodged by 21 February 2014, but were not in fact lodged until 16 July 2014, shortly after the claimant had taken legal advice for the first time.

 

 (ii)     The claimant accepts that the claims are out of time.

 

(iii)     The claimant, following his dismissal, invoked the respondent company’s internal appeal process.  He was unsuccessful in that and his dismissal was confirmed on or about 11 April 2014.  Therefore, after becoming aware of the result of the internal appeal, he delayed for a further three months before presenting his claim form.

 

(iv)     The claimant had consulted his trade union about this matter and they had specifically told him, in a letter of 10 February 2014, that the deadline for bringing proceedings was 21 February 2014.

 

2(i)     In relation to claims for unfair dismissal the ‘reasonably practicable’ rule for extending time is strict, and it is clear that it does not permit a tribunal to extend time because an internal appeal has been pursued.  The ‘just and equitable’ ground for extending time in race discrimination claims is less strict, and a tribunal can take account of internal appeals.

 

(ii)     However, the difficulty for the claimant here is that he sought advice from a trade union, and he was informed in clear terms by his union of the final date for lodging his claim.  He accepts that he received the letter of 10 February 2014 from the union and that he knew of the deadline.  Notwithstanding this, he still delayed in submitting a claim.  This delay was significant.  He also conceded that, apart from the advice from the union, he was aware that there were time-limits for bringing industrial tribunal claims.

 

3        These claims are out of time.  That is conceded.  There is no material before me on which I can exercise my discretion to extend time.  I make it clear that I have at all stages borne in mind the different tests for extending time in unfair dismissal and discrimination cases.

 

 

 

 

 

 

 

Employment Judge

 

 

Date:            January 2015

 

 

 

 

 

 

 

 

 

A P P E N D I X

 

 

 

 

 

 

 

Written record of oral decision of 13 December 2014, issued on 1 December 2014

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   1310/14

 

 

CLAIMANT:                      Jack Kosut

 

 

RESPONDENT:                Tesco Stores Ltd

 

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 appeared in person (giving evidence through an interpreter).

The respondent company was represented by Mr C Hamill, Barrister-at-Law, instructed by Jones Cassidy Brett, Solicitors.

 

1(i)     The claimant’s claims of unfair dismissal and race discrimination are dismissed.

 

 (ii)     Both claims are out of time.  This is accepted by the claimant. 

 

On the basis of the claimant’s own evidence, it is not appropriate, in respect of               either claim, to extend the time for bringing these complaints, and I therefore decline to exercise my discretion to do so.

 

 (iii)     Reasons were given at the hearing.

 

 

 

 

 

Employment Judge

 

Date and place of hearing:         13 November 2014, Belfast

 

Date decision recorded in register and issued to parties: