Gannon v Northern Ireland Policing Board [2005] NIFET 415_04 (21 October 2005)

Gannon v Northern Ireland Policing Board [2005] NIFET 415_04 (21 October 2005)

The Tribunal found no good reason for the delay in presenting the complaints, noting the claimant's awareness of his potential claims and absence of medical evidence. The delay prejudiced the respondent's defence. It was not just and equitable to extend the time limits; therefore, the claims were dismissed.

Citation
[2005] NIFET 415_04
Parties
Claimant: Paul Gannon; First Named Respondent: Northern Ireland Policing Board; Second Named Respondent: Kennedy Recruitment Ltd
Jurisdiction
Northern Ireland
Judgment Date
21 October 2005
Procedural Posture
Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Claims dismissed
Legal Topics
Time Limits for Discrimination Claims, Sex Discrimination, Religious Discrimination, Victimisation, Just and Equitable Extension
Employment Law Discrimination Law Time Limits for Discrimination Claims Sex Discrimination Religious Discrimination Victimisation Just and Equitable Extension

Case Brief

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Parties

Paul Gannon

Claimant

Northern Ireland Policing Board

First Named Respondent

Kennedy Recruitment Ltd

Second Named Respondent

Procedural Posture

Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the claimant's complaints of discrimination and victimisation should be considered despite being presented outside the prescribed time limits
  2. 2 Whether it is just and equitable to extend the time limits for presenting the complaints

Ratio Decidendi

The Tribunal found no good reason for the delay in presenting the complaints, noting the claimant's awareness of his potential claims and absence of medical evidence. The delay prejudiced the respondent's defence. It was not just and equitable to extend the time limits; therefore, the claims were dismissed.

Court Disposition

Claims dismissed

Orders

  • Second-named respondent Kennedy Recruitment Ltd dismissed from proceedings with consent of parties
  • Complaints of discrimination and victimisation dismissed as not just and equitable to consider out of time