Kerr v British Telecommunications PLC [2006] NIFET 83_06 (6 December 2006)

Kerr v British Telecommunications PLC [2006] NIFET 83_06 (6 December 2006)

The claimant had knowledge of the relevant facts by 24 June 2005 and failed to lodge his claim within the extended statutory time limit. The delay after 14 February 2006 was not justified, and the claimant did not take reasonable steps to seek advice or clarification. It would not be just and equitable to extend the time limit; therefore, the Tribunal has no jurisdiction to hear the claim.

Citation
[2006] NIFET 83_06
Parties
Claimant: Seamus Alphonsus Kerr; Respondent: British Telecommunications PLC
Jurisdiction
Northern Ireland
Judgment Date
06 December 2006
Procedural Posture
Fair Employment Tribunal Claim / Pre Hearing Review
Outcome
Claim dismissed for want of jurisdiction as out of time.
Legal Topics
Time Limits for Employment Claims, Extension of Time, Internal Grievance Procedures, Jurisdiction of Tribunal
Employment Law Discrimination Law Time Limits for Employment Claims Extension of Time Internal Grievance Procedures Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Seamus Alphonsus Kerr

Claimant

British Telecommunications PLC

Respondent

Procedural Posture

Fair Employment Tribunal Claim / Pre Hearing Review

Legal Issues

  1. 1 Whether the claim was presented within the statutory time limit
  2. 2 Whether it is just and equitable to extend the time limit for presenting the claim

Ratio Decidendi

The claimant had knowledge of the relevant facts by 24 June 2005 and failed to lodge his claim within the extended statutory time limit. The delay after 14 February 2006 was not justified, and the claimant did not take reasonable steps to seek advice or clarification. It would not be just and equitable to extend the time limit; therefore, the Tribunal has no jurisdiction to hear the claim.

Court Disposition

Claim dismissed for want of jurisdiction as out of time.