McCreight v Royal Mail Group PLC [2008] NIIT 1431_07IT (09 June 2008)

McCreight v Royal Mail Group PLC [2008] NIIT 1431_07IT (09 June 2008)

The act complained of occurred in 2005, prior to the commencement of the Employment Equality (Age) Regulations (Northern Ireland) 2006, and is therefore outside the temporal scope of the legislation. The proceedings must be dismissed for want of jurisdiction.

Citation
[2008] NIIT 1431_07IT
Parties
Claimant: James McCreight; Respondent: Royal Mail Group PLC
Jurisdiction
Northern Ireland
Judgment Date
09 June 2008
Procedural Posture
Industrial Tribunal (pre Hearing Review) / Pre Hearing Review Decision
Outcome
Claim dismissed for lack of jurisdiction
Legal Topics
Age Discrimination, Temporal Scope of Legislation, Jurisdiction, Retrospective Application of Law
Employment Law Equality Law Age Discrimination Temporal Scope of Legislation Jurisdiction Retrospective Application of Law

Case Brief

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Parties

James McCreight

Claimant

Royal Mail Group PLC

Respondent

Procedural Posture

Industrial Tribunal (pre Hearing Review) / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to hear a claim of age discrimination where the alleged act occurred before the commencement of the Employment Equality (Age) Regulations (Northern Ireland) 2006
  2. 2 Whether the claim is within the time limits set by the Regulations

Ratio Decidendi

The act complained of occurred in 2005, prior to the commencement of the Employment Equality (Age) Regulations (Northern Ireland) 2006, and is therefore outside the temporal scope of the legislation. The proceedings must be dismissed for want of jurisdiction.

Court Disposition

Claim dismissed for lack of jurisdiction

Orders

  • Proceedings dismissed because the act complained of occurred prior to the date on which the age discrimination legislation came into force.