Abram v Yellow Pages Sales Ltd [2007] NIIT 183_07 (1 August 2007)

Abram v Yellow Pages Sales Ltd [2007] NIIT 183_07 (1 August 2007)

The tribunal does not have jurisdiction to consider the claimant's complaint of race discrimination because the complaint was not presented within the statutory time limit, the claimant did not submit a grievance within that period, and it is not just and equitable to extend the time limit given the claimant's access to legal advice and knowledge of the facts.

Citation
[2007] NIIT 183_07
Parties
Claimant: Scott Abram; Respondent: Yellow Pages Sales Limited; Respondent: Tim McVicker
Jurisdiction
Northern Ireland
Judgment Date
01 August 2007
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Race discrimination complaint dismissed for want of jurisdiction; constructive dismissal claim to proceed.
Legal Topics
Race Discrimination, Constructive Dismissal, Jurisdiction, Limitation Period
Employment Law Discrimination Law Race Discrimination Constructive Dismissal Jurisdiction Limitation Period

Case Brief

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Parties

Scott Abram

Claimant

Yellow Pages Sales Limited

Respondent

Tim McVicker

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant raised a grievance and presented his complaint of race discrimination within the statutory time limit
  2. 2 Whether the tribunal has jurisdiction to consider the complaint of race discrimination if not presented within the time limit
  3. 3 Whether it is just and equitable to extend the time limit for presenting the complaint

Ratio Decidendi

The tribunal does not have jurisdiction to consider the claimant's complaint of race discrimination because the complaint was not presented within the statutory time limit, the claimant did not submit a grievance within that period, and it is not just and equitable to extend the time limit given the claimant's access to legal advice and knowledge of the facts.

Court Disposition

Race discrimination complaint dismissed for want of jurisdiction; constructive dismissal claim to proceed.

Orders

  • The tribunal does not have jurisdiction to consider the claimant's complaint of race discrimination.
  • The complaint of constructive dismissal will be listed for hearing in due course.