McGerrigle v Robert BarnettElizabeth BarnettMark BarnettWendy Barnett [2017] NIIT 02869_17IT (24 November 2017)

McGerrigle v Robert BarnettElizabeth BarnettMark BarnettWendy Barnett [2017] NIIT 02869_17IT (24 November 2017)

The claimant failed to demonstrate that it was not reasonably practicable to present his claims for unfair dismissal, notice pay, and holiday pay within the statutory three month time limit. His approach was passive, he did not make suitable enquiries, and there was no sufficient impediment. Ignorance of the law and reliance on an accountant did not meet the threshold for extension. The redundancy payment claim was brought within the six month time limit and remains to be determined.

Citation
[2017] NIIT 02869_17IT
Parties
Claimant: James Richard McGerrigle; Respondent: Robert Barnett; Respondent: Elizabeth Barnett; Respondent: Mark Barnett; Respondent: Wendy Barnett
Jurisdiction
Northern Ireland
Judgment Date
24 November 2017
Procedural Posture
Industrial Tribunal Employment / Pre Hearing Review on Limitation and Jurisdiction
Outcome
Claims for unfair dismissal, notice pay, and holiday pay dismissed for want of jurisdiction; redundancy payment claim to proceed to substantive hearing.
Legal Topics
Unfair Dismissal, Redundancy Payment, Notice Pay, Holiday Pay, Time Limits, Jurisdiction
Employment Law Unfair Dismissal Redundancy Payment Notice Pay Holiday Pay Time Limits Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

James Richard McGerrigle

Claimant

Robert Barnett

Respondent

Elizabeth Barnett

Respondent

Mark Barnett

Respondent

Wendy Barnett

Respondent

Procedural Posture

Industrial Tribunal Employment / Pre Hearing Review on Limitation and Jurisdiction

Legal Issues

  1. 1 Whether the claims for unfair dismissal, notice pay, and holiday pay were presented within the statutory three month time limit and, if not, whether it was not reasonably practicable for the claimant to present them in time and whether time should be extended; Whether the redundancy payment claim was brought within time.

Ratio Decidendi

The claimant failed to demonstrate that it was not reasonably practicable to present his claims for unfair dismissal, notice pay, and holiday pay within the statutory three month time limit. His approach was passive, he did not make suitable enquiries, and there was no sufficient impediment. Ignorance of the law and reliance on an accountant did not meet the threshold for extension. The redundancy payment claim was brought within the six month time limit and remains to be determined.

Court Disposition

Claims for unfair dismissal, notice pay, and holiday pay dismissed for want of jurisdiction; redundancy payment claim to proceed to substantive hearing.

Orders

  • Claims for unfair dismissal, notice pay, and holiday pay are dismissed for want of jurisdiction.
  • Claim for redundancy payment will proceed to substantive hearing.