Graham v Leisure Tours NI Limited [2019]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Dismissal, Working Time, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Time Limits; Unauthorised Deductions from Wages; Unfair Dismissal

The claimant brought a claim for constructive unfair dismissal as well as arrears in pay, including holiday pay. The primary issue dealt with in this case was whether the claimant had presented his case within time.   The claimant’s employment ended on 12th March 2018 but the claim was not presented to the Industrial Tribunal until 7th September 2018.

In terms of outlining the law - for unauthorised deductions from wages, the claim should be presented, in line with Article 55(2) of the Employment Rights (NI) Order 1996, within 3 months from the date of payment of the wages from which the alleged deduction was made. 

In terms of unfair dismissal, the same three month time

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This article is correct at 25/06/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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