McCloskey v Madden [2007] NIIT 695_06 (15 January 2007)

McCloskey v Madden [2007] NIIT 695_06 (15 January 2007)

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.

Citation
[2007] NIIT 695_06
Parties
Claimant: Ciaran McCloskey; Respondent: Tony Madden; Respondent: Governing Body of North East Institute
Jurisdiction
Northern Ireland
Judgment Date
15 January 2007
Procedural Posture
Pre Hearing Review / Jurisdictional and Preliminary Issues
Outcome
partly in favour of claimant (disability established), claim for unfair dismissal dismissed for want of jurisdiction
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

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Parties

Ciaran McCloskey

Claimant

Tony Madden

Respondent

Governing Body of North East Institute

Respondent

Procedural Posture

Pre Hearing Review / Jurisdictional 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 in favour of claimant (disability established), claim for unfair dismissal dismissed for want of jurisdiction