Bell v Bemac Training Ltd [2009] NIIT 293_07IT (02 January 2009)

Bell v Bemac Training Ltd [2009] NIIT 293_07IT (02 January 2009)

The tribunal lacks jurisdiction as the claimant was not an employee or worker of the first or third-named respondents, and neither respondent qualifies as a trade organisation or qualifications body under the Disability Discrimination Act 1995. Claims regarding provision of services must be brought in the County Court.

Citation
[2009] NIIT 293_07IT
Parties
Claimant: Mark Robert James Bell; First Respondent: Bemac Training Limited; Second Respondent: The National Examination Board for Occupational Safety & Health (NEBOSH); Third Respondent: OSTAS
Jurisdiction
Northern Ireland
Judgment Date
02 January 2009
Procedural Posture
Industrial Tribunal (disability Discrimination) / Pre Hearing Review and Jurisdictional Determination
Outcome
Claims against the first and third-named respondents dismissed for want of jurisdiction.
Legal Topics
Jurisdiction, Disability Discrimination Act 1995, Provision of Services, Qualifications Bodies, Trade Organisations
Employment Law Disability Discrimination Jurisdiction Disability Discrimination Act 1995 Provision of Services Qualifications Bodies Trade Organisations

Case Brief

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Parties

Mark Robert James Bell

Claimant

Bemac Training Limited

First Respondent

The National Examination Board for Occupational Safety & Health (NEBOSH)

Second Respondent

OSTAS

Third Respondent

Procedural Posture

Industrial Tribunal (disability Discrimination) / Pre Hearing Review and Jurisdictional Determination

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to hear the claimant’s claims against the first and third-named respondents under the Disability Discrimination Act 1995
  2. 2 Whether the first and third-named respondents are trade organisations or qualifications bodies under the Act
  3. 3 Whether the claims should be brought before the County Court or the Industrial Tribunal

Ratio Decidendi

The tribunal lacks jurisdiction as the claimant was not an employee or worker of the first or third-named respondents, and neither respondent qualifies as a trade organisation or qualifications body under the Disability Discrimination Act 1995. Claims regarding provision of services must be brought in the County Court.

Court Disposition

Claims against the first and third-named respondents dismissed for want of jurisdiction.

Orders

  • Claim against the second-named respondent dismissed upon withdrawal by the claimant.
  • Claims against the first and third-named respondents dismissed for lack of jurisdiction.