Tran v Northern Ireland Fire & Rescue Service [2007] NIIT 2130_06 (4 April 2007)

Tran v Northern Ireland Fire & Rescue Service [2007] NIIT 2130_06 (4 April 2007)

The tribunal lacks jurisdiction to consider the claimant's claim of race discrimination against the first respondent because the claimant, as an employee, failed to comply with the statutory grievance procedure by not raising a valid written grievance specifying race discrimination before lodging the claim. However, the statutory grievance procedure does not apply to claims against fellow employees; therefore, the claim against the second respondent may proceed.

Citation
[2007] NIIT 2130_06
Parties
Claimant: Phu Tran; First Respondent: Northern Ireland Fire & Rescue Service; Second Respondent: Ann Conley
Jurisdiction
Northern Ireland
Judgment Date
04 April 2007
Procedural Posture
Industrial Tribunal Pre Hearing Review / Jurisdictional Determination Prior to Merits Hearing
Outcome
partly allowed, partly dismissed
Legal Topics
Statutory Grievance Procedures, Race Discrimination, Industrial Tribunal Jurisdiction, Aiding and Abetting Discrimination
Employment Law Discrimination Law Statutory Grievance Procedures Race Discrimination Industrial Tribunal Jurisdiction Aiding and Abetting Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Phu Tran

Claimant

Northern Ireland Fire & Rescue Service

First Respondent

Ann Conley

Second Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Jurisdictional Determination Prior to Merits Hearing

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to consider the claimant's claim of race discrimination against the first respondent given statutory grievance procedure requirements
  2. 2 Whether the statutory grievance procedure applies to claims against a fellow employee (second respondent)

Ratio Decidendi

The tribunal lacks jurisdiction to consider the claimant's claim of race discrimination against the first respondent because the claimant, as an employee, failed to comply with the statutory grievance procedure by not raising a valid written grievance specifying race discrimination before lodging the claim. However, the statutory grievance procedure does not apply to claims against fellow employees; therefore, the claim against the second respondent may proceed.

Court Disposition

partly allowed, partly dismissed

Orders

  • The claim of race discrimination against the first respondent (Northern Ireland Fire & Rescue Service) is dismissed for want of jurisdiction.
  • The claim of race discrimination against the second respondent (Ann Conley) will proceed to a hearing on its merits.