Johnston v Danske Bank (Discrimination - Disability Unfair Dismissal) [2019] NIIT 03840_19IT (20 September 2019)

Johnston v Danske Bank (Discrimination - Disability Unfair Dismissal) [2019] NIIT 03840_19IT (20 September 2019)

The respondents withdrew their application for strike-out after clarification that the claim was for a continuing act of discrimination, and the tribunal agreed this was correct as the issue could be addressed at hearing.

Citation
[2019] NIIT 03840_19IT
Parties
Claimant: Trevor Keith Johnston; Respondent: Danske Bank; Respondent: Niall McGarry; Respondent: Jennifer Elliott
Jurisdiction
Northern Ireland
Judgment Date
20 September 2019
Procedural Posture
Industrial Tribunal Disability Discrimination / Pre Hearing Review
Outcome
Respondents' application for strike-out withdrawn; matter to proceed to hearing.
Legal Topics
Disability Discrimination, Unfair Dismissal, Time Limitation, Continuing Act
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Time Limitation Continuing Act

Case Brief

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Parties

Trevor Keith Johnston

Claimant

Danske Bank

Respondent

Niall McGarry

Respondent

Jennifer Elliott

Respondent

Procedural Posture

Industrial Tribunal Disability Discrimination / Pre Hearing Review

Legal Issues

  1. 1 Whether the claim of disability discrimination was brought within the statutory time limit
  2. 2 Whether the claim constitutes a continuing act of discrimination
  3. 3 Whether the respondents' application for strike-out should be granted

Ratio Decidendi

The respondents withdrew their application for strike-out after clarification that the claim was for a continuing act of discrimination, and the tribunal agreed this was correct as the issue could be addressed at hearing.

Court Disposition

Respondents' application for strike-out withdrawn; matter to proceed to hearing.

Orders

  • Proceed to hearing in accordance with previous directions.