Corrigan v Western Health and Social Care... (Unauthorised Deduction of Wages Other) [2021] NIIT 16346_19it (27 October 2021)

Corrigan v Western Health and Social Care... (Unauthorised Deduction of Wages Other) [2021] NIIT 16346_19it (27 October 2021)

The tribunal finds that although the claimant's application to amend was made 5 months and 18 days out of time, the delay was due to her genuine but objectively unreasonable belief that she required further evidence. Applying the balance of injustice and hardship and the just and equitable test, the tribunal concludes that the practical consequences of refusing the amendment would be severe for the claimant, while the prejudice to the respondents is limited. Therefore, the amendment is permitted.

Citation
[2021] NIIT 16346
Parties
Claimant: Joan Corrigan; First Respondent: First Choice Recruitment; Second Respondent: Western Health and Social Care Trust
Jurisdiction
Northern Ireland
Judgment Date
27 October 2021
Procedural Posture
Industrial Tribunal Case Management Preliminary Hearing / Application to Amend Claim to Include Agency Worker Regulations Claim
Outcome
Application to amend claim granted
Legal Topics
Agency Worker Regulations, Equal Pay, Amendment of Pleadings, Time Limits, Case Management
Employment Law Agency Worker Regulations Equal Pay Amendment of Pleadings Time Limits Case Management

Case Brief

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Parties

Joan Corrigan

Claimant

First Choice Recruitment

First Respondent

Western Health and Social Care Trust

Second Respondent

Procedural Posture

Industrial Tribunal Case Management Preliminary Hearing / Application to Amend Claim to Include Agency Worker Regulations Claim

Legal Issues

  1. 1 Whether the claimant should be permitted to amend her claim to include a claim under regulation 5(1) of the Agency Worker Regulations (Northern Ireland) 2011 despite being out of time
  2. 2 Whether the delay in making the amendment application is justified
  3. 3 Whether the balance of injustice and hardship favours granting the amendment

Ratio Decidendi

The tribunal finds that although the claimant's application to amend was made 5 months and 18 days out of time, the delay was due to her genuine but objectively unreasonable belief that she required further evidence. Applying the balance of injustice and hardship and the just and equitable test, the tribunal concludes that the practical consequences of refusing the amendment would be severe for the claimant, while the prejudice to the respondents is limited. Therefore, the amendment is permitted.

Court Disposition

Application to amend claim granted

Orders

  • Claimant permitted to amend her claim to include a claim under regulation 5(1) of the Agency Worker Regulations (Northern Ireland) 2011
  • Particulars of the claim permitted by amendment: alleged pay shortfall for 55 weekday night shifts between April 2018 and April 2019, amounting to £419.10