Hartley v Layard [2007] NIIT 80_06 (19 April 2007)

Hartley v Layard [2007] NIIT 80_06 (19 April 2007)

The claims were presented outside the statutory time limits and there was no adequate explanation or evidence to justify an extension of time under either the 'reasonably practicable' or 'just and equitable' tests. The correct respondent was Beverley Joy Layard, not Eric Robert Layard.

Citation
[2007] NIIT 80_06
Parties
Claimant: Dawn Vivienne Hartley; Respondent: Beverley Joy Layard; Respondent: Eric Robert Layard
Jurisdiction
Northern Ireland
Judgment Date
19 April 2007
Procedural Posture
Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision on Jurisdiction and Limitation
Outcome
Claims dismissed for want of jurisdiction as out of time.
Legal Topics
Breach of Contract, Part Time Workers Regulations, Jurisdiction, Limitation of Actions
Employment Law Breach of Contract Part Time Workers Regulations Jurisdiction Limitation of Actions

Case Brief

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Parties

Dawn Vivienne Hartley

Claimant

Beverley Joy Layard

Respondent

Eric Robert Layard

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision on Jurisdiction and Limitation

Legal Issues

  1. 1 Who is the correct respondent?
  2. 2 Were the claims presented within the statutory time limits?
  3. 3 Should time be extended for late claims?

Ratio Decidendi

The claims were presented outside the statutory time limits and there was no adequate explanation or evidence to justify an extension of time under either the 'reasonably practicable' or 'just and equitable' tests. The correct respondent was Beverley Joy Layard, not Eric Robert Layard.

Court Disposition

Claims dismissed for want of jurisdiction as out of time.

Orders

  • Second-named respondent dismissed from proceedings
  • No extension of time granted for either claim