Kelly v Hazel Black [2010] NIFET 00129_10FET (25 February 2011)

Kelly v Hazel Black [2010] NIFET 00129_10FET (25 February 2011)

The claim of religious discrimination was dismissed as out of time and outside the Tribunal's jurisdiction; only the constructive unfair dismissal claim against the employer remains.

Citation
[2010] NIFET 00129_10FET
Parties
Claimant: Geraldine Kelly; Respondent: Hazel Black; Respondent: Asha Rennymon; Respondent: Titty George; Respondent: Jacqueline Boyle; Respondent: Southern Cross Health Care Limited
Jurisdiction
Northern Ireland
Judgment Date
25 February 2011
Procedural Posture
Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Claim of religious discrimination dismissed as out of time; only constructive unfair dismissal claim against Southern Cross Health Care Limited remains.
Legal Topics
Religious Discrimination, Constructive Unfair Dismissal, Jurisdiction, Time Limits
Employment Law Religious Discrimination Constructive Unfair Dismissal Jurisdiction Time Limits

Case Brief

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Parties

Geraldine Kelly

Claimant

Hazel Black

Respondent

Asha Rennymon

Respondent

Titty George

Respondent

Jacqueline Boyle

Respondent

Southern Cross Health Care Limited

Respondent

Procedural Posture

Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the claim of religious discrimination is within the statutory time limit
  2. 2 Whether the Tribunal has jurisdiction to entertain the claim
  3. 3 Whether a claim of constructive unfair dismissal has been properly lodged

Ratio Decidendi

The claim of religious discrimination was dismissed as out of time and outside the Tribunal's jurisdiction; only the constructive unfair dismissal claim against the employer remains.

Court Disposition

Claim of religious discrimination dismissed as out of time; only constructive unfair dismissal claim against Southern Cross Health Care Limited remains.

Orders

  • Leave granted to Southern Cross Health Care Limited to amend their response by 11 March 2011 to address constructive unfair dismissal.
  • Claims against all other respondents dismissed.