McCracken v Oak Property Management (NI) Ltd [2021]

Posted In: Case Law
  • Decision Number
    7169/21IT
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Dismissal, Tribunal Practice, Procedures and Jurisdictional Issues, Grievance and Dispute Resolution
Issues covered: Time Limits; Unfair Dismissal

The claimant was employed by the respondent until her dismissal on 28th July 2020.   The issue arising in this preliminary hearing is that the claimant did not submit her ET1 form until 10th January 2021 which was over two months outside of the time limit which elapsed on 28th October 2020.

The difficulty was that the claimant first issued an ET1 on 15th September 2020, which was within the time limit.  She did not lodge any early conciliation number or certificate with her claim, and it was subsequently rejected. The need for the early conciliation number is required under Rule 9(3)(b)(i) of the Industrial Tribunal rules.  She then submitted another ET1 form on 13th

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 17/08/2021
Disclaimer:

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
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

View all articles by Jason Elliott BL