McColgan v Lloyds Pharmacy Ltd [2015] NIIT 2496_14IT (11 February 2015)

McColgan v Lloyds Pharmacy Ltd [2015] NIIT 2496_14IT (11 February 2015)

The claimant's claims for redundancy payment and unfair dismissal were out of time. The tribunal found it was not reasonably practicable for the claimant to present his claim until March 2014 due to being misled by an adviser he believed to be a solicitor, but there was no justification for the further delay until...

Source-derived case information.

Citation
[2015] NIIT 2496_14IT
Parties
Claimant: John McColgan; Respondent: Lloyds Pharmacy Ltd
Jurisdiction
Northern Ireland
Judgment Date
11 February 2015
Procedural Posture
Industrial Tribunal (northern Ireland) Employment / Pre Hearing Review on Jurisdiction and Time Limits
Outcome
Claims dismissed for lack of jurisdiction; costs order made against claimant.
Legal Topics
Redundancy Payment, Unfair Dismissal, Time Limits, Extension of Time, Costs Orders
Employment Law Redundancy Payment Unfair Dismissal Time Limits Extension of Time Costs Orders

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Parties

John McColgan

Claimant

Lloyds Pharmacy Ltd

Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) Employment / Pre Hearing Review on Jurisdiction and Time Limits

Legal Issues

  1. 1 Whether the claimant's claims for redundancy payment and unfair dismissal were presented within the statutory time limits
  2. 2 Whether the tribunal had jurisdiction to extend time for the claims
  3. 3 Whether an order for costs should be made against the claimant

Ratio Decidendi

The claimant's claims for redundancy payment and unfair dismissal were out of time. The tribunal found it was not reasonably practicable for the claimant to present his claim until March 2014 due to being misled by an adviser he believed to be a solicitor, but there was no justification for the further delay until October 2014. Therefore, the tribunal lacked jurisdiction to consider the claims. The claimant, having been warned about the risks and time limits, acted unreasonably in pursuing the pre-hearing review, justifying a costs order.

Court Disposition

Claims dismissed for lack of jurisdiction; costs order made against claimant.

Orders

  • Claim for redundancy payment dismissed as out of time and not eligible for extension under Article 199.
  • Claim for unfair dismissal dismissed as out of time; tribunal found it was reasonably practicable to present the claim from March 2014.