McColgan v WHSSB [2007] NIIT 10003_95 (26 April 2007)

McColgan v WHSSB [2007] NIIT 10003_95 (26 April 2007)

The claimant's appointment as Area Dietician Chief II in July 1987 constituted a new contract of employment, breaking the previous stable employment relationship; therefore, the statutory six month time limit began then, and the claim presented in December 1994 was out of time.

Citation
[2007] NIIT 10003_95
Parties
Claimant: Eithne McColgan; Respondent: WHSSB; Respondent: Department of Health & Social Services & Public Safety
Jurisdiction
Northern Ireland
Judgment Date
26 April 2007
Procedural Posture
Pre Hearing Review / Decision on Preliminary Issue of Time Limit
Outcome
claim dismissed for lack of jurisdiction
Legal Topics
Statutory Time Limits, Occupational Pension Scheme, Stable Employment Relationship
Employment Law Equal Pay Statutory Time Limits Occupational Pension Scheme Stable Employment Relationship

Case Brief

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Parties

Eithne McColgan

Claimant

WHSSB

Respondent

Department of Health & Social Services & Public Safety

Respondent

Procedural Posture

Pre Hearing Review / Decision on Preliminary Issue of Time Limit

Legal Issues

  1. 1 Was the claim presented within the statutory time limit under the Equal Pay Act (Northern Ireland) 1970?
  2. 2 Did the claimant's employment constitute a stable employment relationship allowing extension of the time limit?

Ratio Decidendi

The claimant's appointment as Area Dietician Chief II in July 1987 constituted a new contract of employment, breaking the previous stable employment relationship; therefore, the statutory six month time limit began then, and the claim presented in December 1994 was out of time.

Court Disposition

claim dismissed for lack of jurisdiction

Orders

  • claim against respondents dismissed as out of time