McIvor v The Chief Executive Officer So... [2009] NIIT 1248_08IT (18 December 2009)

McIvor v The Chief Executive Officer So... [2009] NIIT 1248_08IT (18 December 2009)

The Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations (NI) 1991 applied to the claimant’s situation. Regulation 6, which limited additional service credit to the period between retirement and age 65, did not fall under the statutory provision exemption in Regulation 28 because it was discretionary, not obligatory. However, Regulation 6 fell within the exception in para 13B of Part 2 of Schedule 1 to the Age Discrimination Regulations 2006, making its application lawful and not discriminatory on grounds of age.

Citation
[2009] NIIT 1248_08IT
Parties
Claimant: Geraldine McIvor; First Named Respondent: Department of Education; Second Named Respondent: The Chief Executive Officer, Southern Regional College
Jurisdiction
Northern Ireland
Judgment Date
18 December 2009
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claim dismissed
Legal Topics
Age Discrimination, Occupational Pensions, Redundancy Compensation, Statutory Exemptions, Time Limits for Claims
Employment Law Equality Law Pensions Law Age Discrimination Occupational Pensions Redundancy Compensation Statutory Exemptions Time Limits for Claims

Case Brief

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Parties

Geraldine McIvor

Claimant

Department of Education

First Named Respondent

The Chief Executive Officer, Southern Regional College

Second Named Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant's claim against the first-named respondent was time-barred and if it should be allowed to proceed out of time
  2. 2 Whether the Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations (NI) 1991 applied to the claimant’s situation
  3. 3 Whether Regulation 6 of the 1991 Regulations falls within the exception set out in para 13B of Part 2 of Schedule 1 to the Age Discrimination Regulations 2006

Ratio Decidendi

The Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations (NI) 1991 applied to the claimant’s situation. Regulation 6, which limited additional service credit to the period between retirement and age 65, did not fall under the statutory provision exemption in Regulation 28 because it was discretionary, not obligatory. However, Regulation 6 fell within the exception in para 13B of Part 2 of Schedule 1 to the Age Discrimination Regulations 2006, making its application lawful and not discriminatory on grounds of age.

Court Disposition

Claim dismissed

Orders

  • Time for presenting the claim against the first-named respondent is extended as just and equitable.
  • The claimant’s claim of age discrimination is dismissed.