MacManus v Flagship Media Group Ltd & Anor [2007] NIIT 364_06 (22 February 2007

MacManus v Flagship Media Group Ltd & Anor [2007] NIIT 364_06 (22 February 2007

The grievance procedure does not extend the time limit for claims against a fellow employee; however, it is just and equitable to extend the time limit for the claimants' applications against the second-named respondent due to lack of prejudice, reliance on legal advice, and potential confusion over the law.

Source-derived case information.

Citation
[2007] NIIT 364_06
Parties
Claimant: Elizabeth MacManus; Claimant: Joanne Cronolly; Respondent: Flagship Media Group Limited; Respondent: Derek Carstairs
Jurisdiction
Northern Ireland
Procedural Posture
Industrial Tribunal Sex Discrimination / Pre Hearing Review
Outcome
Time limit for claims against the second-named respondent extended on just and equitable grounds; tribunal will consider both complaints.
Legal Topics
Sex Discrimination, Time Limits, Grievance Procedures, Extension of Time
Employment Law Discrimination Law Sex Discrimination Time Limits Grievance Procedures Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Elizabeth MacManus

Claimant

Joanne Cronolly

Claimant

Flagship Media Group Limited

Respondent

Derek Carstairs

Respondent

Procedural Posture

Industrial Tribunal Sex Discrimination / Pre Hearing Review

Legal Issues

  1. 1 Whether the claims for sex discrimination against the second-named respondent were presented within the statutory time limit
  2. 2 Whether the grievance procedure extends the time limit for claims against a fellow employee
  3. 3 Whether it is just and equitable to extend the time limit for out-of-time claims

Ratio Decidendi

The grievance procedure does not extend the time limit for claims against a fellow employee; however, it is just and equitable to extend the time limit for the claimants' applications against the second-named respondent due to lack of prejudice, reliance on legal advice, and potential confusion over the law.

Court Disposition

Time limit for claims against the second-named respondent extended on just and equitable grounds; tribunal will consider both complaints.

Orders

  • Claims for sex discrimination against the second-named respondent are permitted to proceed despite being out of time.