Walsh v Identity & Passport Service Jane Carwardine Paul Luffman Julie Cosgrove Home Office Identity & Passport Service Jane Carwardine Paul Luffman Julie Cosgrove Home Office [2012] NIIT 01659_11IT (05 April 2012)

Walsh v Identity & Passport Service Jane Carwardine Paul Luffman Julie Cosgrove Home Office Identity & Passport Service Jane Carwardine Paul Luffman Julie Cosgrove Home Office [2012] NIIT 01659_11IT (05 April 2012)

Claims were presented outside the statutory time limits; although not reasonably practicable to present in time, claimant failed to present within a reasonable time thereafter. No binding contract existed for lump sum under second VER Scheme or compensation. Compensation for injury to feelings not recoverable in breach of contract claims.

Citation
[2012] NIIT 01659_11IT
Parties
Claimant: Desmond Walsh; Respondent: Identity & Passport Service; Respondent: Jane Carwardine; Respondent: Paul Luffman; Respondent: Una Hackett; Respondent: Julie Cosgrove; Respondent: Home Office
Jurisdiction
Northern Ireland
Judgment Date
05 April 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims dismissed for lack of jurisdiction and, alternatively, on merits.
Legal Topics
Breach of Contract, Jurisdiction, Time Limits, Compensation for Injury to Feelings, Voluntary Early Retirement Scheme
Employment Law Contract Law Breach of Contract Jurisdiction Time Limits Compensation for Injury to Feelings Voluntary Early Retirement Scheme

Case Brief

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Parties

Desmond Walsh

Claimant

Identity & Passport Service

Respondent

Jane Carwardine

Respondent

Paul Luffman

Respondent

Una Hackett

Respondent

Julie Cosgrove

Respondent

Home Office

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to entertain breach of contract claims presented out of time
  2. 2 Whether claimant is contractually entitled to lump sum under second VER Scheme
  3. 3 Whether claimant is entitled to compensation for injury to feelings

Ratio Decidendi

Claims were presented outside the statutory time limits; although not reasonably practicable to present in time, claimant failed to present within a reasonable time thereafter. No binding contract existed for lump sum under second VER Scheme or compensation. Compensation for injury to feelings not recoverable in breach of contract claims.

Court Disposition

Claims dismissed for lack of jurisdiction and, alternatively, on merits.

Orders

  • Claims against second, third, fourth, fifth and sixth respondents dismissed by consent under Rule 10(1)(k) of Industrial Tribunals Rules of Procedure.
  • Claims against first respondent dismissed for lack of jurisdiction under Article 7 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994.