Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 409/15

 

 

CLAIMANT: Walter Mitchell Gilmore

 

 

RESPONDENT: Ministry of Defence

 

 

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is set out at Paragraph 1. below.

 

Constitution of Tribunal:

Employment Judge (sitting alone): Employment Judge D Buchanan

Appearances:

The claimant, Mr Gilmore, appeared in person and was not represented.

The respondent was represented by Ms R Best, Barrister-at-Law, instructed by the Crown Solicitor's Office.

 

 

1 The claimant's claims of unfair dismissal and age discrimination are dismissed.

 

2(i) Both claims are out of time. This is accepted by the claimant.

 

I do not consider it appropriate, in respect of either claim, to extend the time for bringing it. I therefore decline to exercise my discretion to do so. Consequently, the tribunal does not have jurisdiction to hear these claims.

 

(ii) In reaching this decision, I have borne in mind the different tests for extending time in unfair dismissal and discrimination cases.

 

3 Reasons were given at the hearing.

 

4 Had I decided to extend time in relation to either or both claims, I would have acceded to the respondent's alternative application for a Deposit Order against the claimant, as I am satisfied that the claims have, in any event, little reasonable prospect of success.

 

 

 

 

 

 

 

Employment Judge

 

Date and place of hearing: 6 August 2015, Belfast

 

Date decision recorded in register and issued to parties: