Thompson v Herbel Restaurants Ltd

Factual and Procedural Background

The Plaintiff lodged a claim on 3 December 2014 with the Office of the Industrial Tribunals alleging equal pay, unfair dismissal, breach of contract, sex discrimination, and failure to receive written particulars of employment. The Plaintiff stated that she was employed initially on the Isle of Man as a team member, then transferred to the UK as a manager without receiving a UK contract. She claimed to have worked 45 hours weekly but was paid only for 39 hours. The Plaintiff questioned her payments, noting that her husband, employed in a similar position on a UK contract, received overtime pay which she did not. She alleged the company forged her contract and dismissed her unfairly shortly after raising these concerns. Her employment dates were from 18 January 2009 to 1 March 2013. The Plaintiff did not provide further documentation or evidence.

The Respondent requested a pre-hearing review to determine whether the claims were out of time and whether the correct respondent was sued. A pre-hearing review was scheduled and held, with the Plaintiff’s representative participating by telephone on one occasion due to the Plaintiff’s absence caused by being fog bound on the Isle of Man. A further hearing was scheduled for 13 April 2015, which the Plaintiff did not attend nor was represented, and no explanation or adjournment request was provided.

Legal Issues Presented

1. Whether the claims brought by the Plaintiff are within the statutory time limits or whether time should be extended.
2. Whether the correct respondent has been sued.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court analysed the statutory time limits applicable to each claim. Claims for unfair dismissal, breach of contract, and failure to provide written particulars must be brought within three months of the relevant event, with possible extensions if reasonably practicable. The Plaintiff’s last date of employment was 1 March 2013, but claims were lodged on 3 December 2014, well outside the primary period. No explanation or evidence was provided to justify an extension of time, so the tribunal lacked jurisdiction to hear these claims.

Regarding the sex discrimination claim, the statutory period is three months from the cause of action, extendable at the tribunal’s discretion if just and equitable. The claim was similarly out of time, and the Plaintiff failed to provide reasons or evidence to justify an extension; thus, the tribunal dismissed this claim for lack of jurisdiction.

The equal pay claim under the Equal Pay Act (Northern Ireland) 1970 must be brought within six months of the cause of action, with no discretion for extension. The claim was out of time and, accordingly, dismissed for lack of jurisdiction.

Because the tribunal found the claims to be out of time, it did not consider the issue of the correct respondent, with the Respondent agreeing to this approach.

Holding and Implications

The tribunal DISMISSED all claims for lack of jurisdiction due to being brought outside the statutory time limits without justification for extension.

The direct effect is that the Plaintiff’s claims cannot proceed in this tribunal. No new legal precedent was established by this decision.