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
    Unfair Dismissal, Tribunal Practice, Procedures and Jurisdictional Issues
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

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

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Jason Elliott BL
Barrister

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

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