Winton v Whitbread Group Plc Eoin Quinn Graeme Callender [2015] NIFET 00018_15FET (06 August 2015)

Winton v Whitbread Group Plc Eoin Quinn Graeme Callender [2015] NIFET 00018_15FET (06 August 2015)

The claimant's claim was lodged five months outside the statutory time limit, and no justification was provided for the delay. The tribunal found no just and equitable grounds to extend time, especially given the claimant's lack of attendance, failure to comply with orders, and absence of evidence of seeking legal advice.

Citation
[2015] NIFET 00018_15FET
Parties
Claimant: Matthew Winton; Respondent: Whitbread Group Plc; Respondent: Eoin Quinn; Respondent: Graeme Callender
Jurisdiction
Northern Ireland
Judgment Date
06 August 2015
Procedural Posture
Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Claim dismissed
Legal Topics
Unlawful Discrimination, Religious Belief Discrimination, Political Opinion Discrimination, Statutory Time Limits, Extension of Time, Strike Out Applications
Employment Law Discrimination Law Unlawful Discrimination Religious Belief Discrimination Political Opinion Discrimination Statutory Time Limits Extension of Time Strike Out Applications

Case Brief

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Parties

Matthew Winton

Claimant

Whitbread Group Plc

Respondent

Eoin Quinn

Respondent

Graeme Callender

Respondent

Procedural Posture

Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether it would be just and equitable to consider the claimant's claim of unlawful discrimination presented outside the statutory time limit
  2. 2 Whether the claim is vexatious and should be struck out
  3. 3 Whether the claim has no reasonable prospect of success and should be struck out

Ratio Decidendi

The claimant's claim was lodged five months outside the statutory time limit, and no justification was provided for the delay. The tribunal found no just and equitable grounds to extend time, especially given the claimant's lack of attendance, failure to comply with orders, and absence of evidence of seeking legal advice.

Court Disposition

Claim dismissed

Orders

  • The claimant's claims are dismissed as out of time and it is not just and equitable to extend the time limit.
  • Other issues raised are dismissed as unnecessary to address.