Murphy v Home Office (Discrimination - Disability Discrimination - Religious Belief/ Political opinion Discrimination - Sex) [2019] NIFET 00010_19FET (14 August 2019)

Murphy v Home Office (Discrimination - Disability Discrimination - Religious Belief/ Political opinion Discrimination - Sex) [2019] NIFET 00010_19FET (14 August 2019)

The Tribunal struck out the claimant’s claims of unlawful sex discrimination and claims against the respondent in respect of acts of the claimant’s trade union and/or trade union representatives as having no reasonable prospect of success. The application to amend earlier claims to include sex discrimination and claims against the respondent arising from conduct of trade union representatives was refused. Claims of sex discrimination in later claims were struck out as an abuse of process and for want of jurisdiction. The application to join PCS as a respondent was refused. The Tribunal found that the claims were either abandoned, not properly particularised, out of time, or outside the...

Citation
[2019] NIFET 00010_19FET
Parties
Claimant: Kevin Murphy; Respondent: Home Office
Jurisdiction
Northern Ireland
Judgment Date
14 August 2019
Procedural Posture
Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Claims struck out and amendment/refusal orders issued
Legal Topics
Disability Discrimination, Religious Belief Discrimination, Political Opinion Discrimination, Sex Discrimination, Trade Union Rights, Case Management, Amendment of Claims, Jurisdiction, Time Limits
Employment Law Discrimination Law Disability Discrimination Religious Belief Discrimination Political Opinion Discrimination Sex Discrimination Trade Union Rights Case Management +3 more

Case Brief

Summary, issues, holding and outcome

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Parties

Kevin Murphy

Claimant

Home Office

Respondent

Procedural Posture

Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether claims of sex discrimination should be struck out for lack of reasonable prospect of success
  2. 2 Whether claims against the respondent for actions of the claimant’s trade union or representatives should be struck out
  3. 3 Whether earlier claims should be amended to include sex discrimination

Ratio Decidendi

The Tribunal struck out the claimant’s claims of unlawful sex discrimination and claims against the respondent in respect of acts of the claimant’s trade union and/or trade union representatives as having no reasonable prospect of success. The application to amend earlier claims to include sex discrimination and claims against the respondent arising from conduct of trade union representatives was refused. Claims of sex discrimination in later claims were struck out as an abuse of process and for want of jurisdiction. The application to join PCS as a respondent was refused. The Tribunal found that the claims were either abandoned, not properly particularised, out of time, or outside the...

Court Disposition

Claims struck out and amendment/refusal orders issued

Orders

  • Claimant’s claims of unlawful sex discrimination against the respondent struck out as having no reasonable prospect of success
  • Claims against the respondent in respect of acts of the claimant’s trade union and/or trade union representatives struck out as having no reasonable prospect of success