McPhilomey v Department for Communities (Discrimination - Disability) [2021] NIIT 00355_19IT (03 December 2021)

McPhilomey v Department for Communities (Discrimination - Disability) [2021] NIIT 00355_19IT (03 December 2021)

The claim was struck out because it contained no complaint within the tribunal's jurisdiction, had no reasonable prospects of success, was not actively pursued, and the claimant failed to comply with tribunal orders and particularise his claims, making a fair hearing impossible.

Source-derived case information.

Citation
[2021] NIIT 00355_19IT
Parties
Claimant: Jason McPhilomey; Respondent: Department for Communities
Jurisdiction
Northern Ireland
Judgment Date
03 December 2021
Procedural Posture
Industrial Tribunal Discrimination (disability) / Preliminary Hearing Strike Out Application
Outcome
Claim struck out in its entirety.
Legal Topics
Disability Discrimination, Victimisation, Reasonable Adjustments, Strike Out Procedure, Jurisdiction, Case Management
Employment Law Disability Discrimination Victimisation Reasonable Adjustments Strike Out Procedure Jurisdiction Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jason McPhilomey

Claimant

Department for Communities

Respondent

Procedural Posture

Industrial Tribunal Discrimination (disability) / Preliminary Hearing Strike Out Application

Legal Issues

  1. 1 Whether the claim contains any complaint within the tribunal's jurisdiction
  2. 2 Whether the claim has reasonable prospects of success
  3. 3 Whether the claim has been actively pursued

Ratio Decidendi

The claim was struck out because it contained no complaint within the tribunal's jurisdiction, had no reasonable prospects of success, was not actively pursued, and the claimant failed to comply with tribunal orders and particularise his claims, making a fair hearing impossible.

Court Disposition

Claim struck out in its entirety.

Orders

  • Claim struck out pursuant to Rule 32(1)(a) for no reasonable prospects of success.
  • Claim would also be struck out under Rule 32(1)(d) for failure to actively pursue.