McDowell v Firstsource Solutions Ltd (Discrimination - Sex Other) [2018] NIIT 07297_17IT (18 July 2018)

McDowell v Firstsource Solutions Ltd (Discrimination - Sex Other) [2018] NIIT 07297_17IT (18 July 2018)

The tribunal found the claims were lodged outside the statutory three-month time limit. The claimant was aware of the time limits, had legal advice, and was capable of lodging a claim. There was no evidence of incapacity or incorrect legal advice. It was not just and equitable to extend time for the sex discrimination claim, nor was it not reasonably practicable to lodge the other claims in time. The tribunal therefore lacked jurisdiction.

Citation
[2018] NIIT 07297_17IT
Parties
Claimant: Kyra McDowell; Respondent: Firstsource Solutions Ltd
Jurisdiction
Northern Ireland
Judgment Date
18 July 2018
Procedural Posture
Industrial Tribunal / Jurisdictional Ruling on Time Limits
Outcome
All claims dismissed for want of jurisdiction due to being out of time.
Legal Topics
Sex Discrimination, Pregnancy and Maternity Discrimination, Flexible Working, Jurisdiction, Time Limits
Employment Law Discrimination Law Sex Discrimination Pregnancy and Maternity Discrimination Flexible Working Jurisdiction Time Limits

Case Brief

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Parties

Kyra McDowell

Claimant

Firstsource Solutions Ltd

Respondent

Procedural Posture

Industrial Tribunal / Jurisdictional Ruling on Time Limits

Legal Issues

  1. 1 Whether the claimant's claims were lodged within the statutory time limit
  2. 2 Whether it was just and equitable to extend the time limit for the sex discrimination claim
  3. 3 Whether it was reasonably practicable for the claimant to lodge her claims within the statutory period

Ratio Decidendi

The tribunal found the claims were lodged outside the statutory three-month time limit. The claimant was aware of the time limits, had legal advice, and was capable of lodging a claim. There was no evidence of incapacity or incorrect legal advice. It was not just and equitable to extend time for the sex discrimination claim, nor was it not reasonably practicable to lodge the other claims in time. The tribunal therefore lacked jurisdiction.

Court Disposition

All claims dismissed for want of jurisdiction due to being out of time.

Orders

  • Claims dismissed in their entirety.