Litter v JMC Mechanical and Construction Limited (Discrimination - Disability Breach of Contract Redundancy Payment Unfair Dismissal Other) [2019] NIIT 01095_19IT (09 September 2019)

Litter v JMC Mechanical and Construction Limited (Discrimination - Disability Breach of Contract Redundancy Payment Unfair Dismissal Other) [2019] NIIT 01095_19IT (09 September 2019)

The claimant’s contract of employment ended by operation of the doctrine of frustration due to his incapacity, not by dismissal. No reasonable adjustments could have enabled him to return to work. All claims were presented outside statutory time limits, and the claimant failed to show it was not reasonably practicable to present them in time. The claims are therefore dismissed.

Citation
[2019] NIIT 01095_19IT
Parties
Claimant: Tony Litter; Respondent: JMC Mechanical and Construction Limited
Jurisdiction
Northern Ireland
Judgment Date
09 September 2019
Procedural Posture
Industrial Tribunal (employment) / Pre Hearing Review
Outcome
All claims dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Breach of Contract, Redundancy Payment, Holiday Pay, Time Limits, Frustration of Contract
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Breach of Contract Redundancy Payment Holiday Pay Time Limits +1 more

Case Brief

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Parties

Tony Litter

Claimant

JMC Mechanical and Construction Limited

Respondent

Procedural Posture

Industrial Tribunal (employment) / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant’s complaints (unfair dismissal, notice pay, holiday pay, breach of contract) were presented within statutory time limits
  2. 2 Whether it was reasonably practicable for the complaints to have been presented within the statutory time limits
  3. 3 Whether the disability discrimination complaint was presented within the statutory time limit or if it is just and equitable to extend time

Ratio Decidendi

The claimant’s contract of employment ended by operation of the doctrine of frustration due to his incapacity, not by dismissal. No reasonable adjustments could have enabled him to return to work. All claims were presented outside statutory time limits, and the claimant failed to show it was not reasonably practicable to present them in time. The claims are therefore dismissed.

Court Disposition

All claims dismissed