McCloskey v Madden & Anor [2006] NIIT 95_04 (29 November 2006)

McCloskey v Madden & Anor [2006] NIIT 95_04 (29 November 2006)

The claimant has a disability within the meaning of the Disability Discrimination Act 1995, but was not an employee of the respondent and therefore the tribunal lacks jurisdiction to hear the unfair dismissal claim.

Source-derived case information.

Citation
[2006] NIIT 95_04
Parties
Claimant: Ciaran McCloskey; Respondent: Tony Madden; Respondent: Governing Body of North East Institute
Jurisdiction
Northern Ireland
Judgment Date
29 November 2006
Procedural Posture
Pre Hearing Review / Jurisdiction and Preliminary Issues
Outcome
partly allowed, partly dismissed
Legal Topics
Definition of Disability, Jurisdiction of Tribunal, Employee Status, Unfair Dismissal
Employment Law Disability Discrimination Definition of Disability Jurisdiction of Tribunal Employee Status Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ciaran McCloskey

Claimant

Tony Madden

Respondent

Governing Body of North East Institute

Respondent

Procedural Posture

Pre Hearing Review / Jurisdiction and Preliminary Issues

Legal Issues

  1. 1 Whether the claimant has a disability within the meaning of the Disability Discrimination Act 1995
  2. 2 Whether the tribunal has jurisdiction to determine the claimant's complaint of unfair dismissal given the definition of 'employee'

Ratio Decidendi

The claimant has a disability within the meaning of the Disability Discrimination Act 1995, but was not an employee of the respondent and therefore the tribunal lacks jurisdiction to hear the unfair dismissal claim.

Court Disposition

partly allowed, partly dismissed

Orders

  • The claimant is recognised as having a disability within the meaning of the Disability Discrimination Act 1995.
  • The tribunal does not have jurisdiction to determine the claimant's complaint of unfair dismissal.