Farrell v Studio Rogers Limited (Discrimination - Disability Other) [2022] NIIT 38501_21it (10 August 2022)

Farrell v Studio Rogers Limited (Discrimination - Disability Other) [2022] NIIT 38501_21it (10 August 2022)

It is just and equitable to extend time for the claimant's disability discrimination and reasonable adjustment claims due to the shared jurisdictional error and prompt corrective action. However, the claimant failed to show it was not reasonably practicable to lodge the protected disclosure detriment complaint in time, so that claim is dismissed for lack of jurisdiction.

Citation
[2022] NIIT 38501
Parties
Claimant: Aaron Farrell; Respondent: Studio Rogers Limited
Jurisdiction
Northern Ireland
Judgment Date
10 August 2022
Procedural Posture
Industrial Tribunal Employment / Preliminary Issue Judgment on Limitation and Jurisdiction
Outcome
Partially allowed; partially dismissed for lack of jurisdiction
Legal Topics
Disability Discrimination, Reasonable Adjustments, Protected Disclosure Detriment, Jurisdiction, Limitation Period
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Protected Disclosure Detriment Jurisdiction Limitation Period

Case Brief

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Parties

Aaron Farrell

Claimant

Studio Rogers Limited

Respondent

Procedural Posture

Industrial Tribunal Employment / Preliminary Issue Judgment on Limitation and Jurisdiction

Legal Issues

  1. 1 Whether the claimant's complaints of disability discrimination and failure to make reasonable adjustments should be allowed to proceed out of time
  2. 2 Whether the claimant's complaint of protected disclosure detriment was lodged within the statutory time limit and, if not, whether it was reasonably practicable to lodge it in time

Ratio Decidendi

It is just and equitable to extend time for the claimant's disability discrimination and reasonable adjustment claims due to the shared jurisdictional error and prompt corrective action. However, the claimant failed to show it was not reasonably practicable to lodge the protected disclosure detriment complaint in time, so that claim is dismissed for lack of jurisdiction.

Court Disposition

Partially allowed; partially dismissed for lack of jurisdiction

Orders

  • Time extended for disability discrimination and reasonable adjustment claims; these may proceed.
  • Protected disclosure detriment claim dismissed as out of time and not reasonably practicable to present in time.