Wilson v The parties for the time being... (Discrimination - Age) [2022] NIit 23743_19it (08 April 2022)
Time for presenting the claim started on 1 May 2019 when the claimant was informed he was not shortlisted. The claim was presented almost three months out of time. The claimant, an experienced employment law practitioner, provided no credible or compelling reason for the delay. It was not just and equitable to extend time. The tribunal therefore lacked jurisdiction to hear the claim.
- Citation
- [1995] UKEAT 124
- Parties
- Claimant: Geoffrey Wilson; Respondent: Worthingtons Solicitors
- Jurisdiction
- Northern Ireland
- Judgment Date
- 08 April 2022
- Procedural Posture
- Employment Tribunal Age Discrimination / Preliminary Hearing Jurisdiction/time Limit
- Outcome
- Claim dismissed for want of jurisdiction.
- Legal Topics
- Age Discrimination, Jurisdiction, Limitation Periods, Extension of Time
Case Brief
Summary, issues, holding and outcome
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Parties
Geoffrey Wilson
Claimant
Worthingtons Solicitors
Respondent
Procedural Posture
Employment Tribunal Age Discrimination / Preliminary Hearing Jurisdiction/time Limit
Legal Issues
- 1 Whether the claim of age discrimination was presented within the statutory time limit
- 2 Whether it is just and equitable to extend time for presenting the claim
Ratio Decidendi
Time for presenting the claim started on 1 May 2019 when the claimant was informed he was not shortlisted. The claim was presented almost three months out of time. The claimant, an experienced employment law practitioner, provided no credible or compelling reason for the delay. It was not just and equitable to extend time. The tribunal therefore lacked jurisdiction to hear the claim.
Court Disposition
Claim dismissed for want of jurisdiction.
Orders
- The claimant's claim of age discrimination is dismissed for want of jurisdiction.
- No order as to Deposit Order was made.
Full Case Text
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