Brannigan v Blinds Direct Ltd [2005] NIIT 213_05 (7 December 2005)

Brannigan v Blinds Direct Ltd [2005] NIIT 213_05 (7 December 2005)

The tribunal found the amendment to be a type two ('re-labelling') amendment, as it introduced no new facts but simply attached a new legal label to the existing facts. The tribunal exercised its discretion to allow the amendment, finding that any prejudice to the respondent was outweighed by the prejudice to the claimant if the amendment were refused. The claim was considered to have been made within the statutory time limit as it was merely re-labelled.

Citation
[2005] NIIT 213_05
Parties
Claimant: Rory Brannigan; Respondent: Blinds Direct Ltd
Jurisdiction
Northern Ireland
Judgment Date
07 December 2005
Procedural Posture
Industrial Tribunal Pre Hearing Review / Application to Amend Claim Prior to Substantive Hearing
Outcome
Leave granted to amend the claim to include disability discrimination.
Legal Topics
Constructive Dismissal, Disability Discrimination, Amendment of Pleadings, Tribunal Procedure
Employment Law Discrimination Law Constructive Dismissal Disability Discrimination Amendment of Pleadings Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Rory Brannigan

Claimant

Blinds Direct Ltd

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Application to Amend Claim Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the claimant's claim can be amended to include a claim of disability discrimination
  2. 2 If not, whether the disability discrimination claim is out of time and if the time limit should be extended
  3. 3 Whether the claimant has a disability within the meaning of Section 1 of the Disability Discrimination Act 1995

Ratio Decidendi

The tribunal found the amendment to be a type two ('re-labelling') amendment, as it introduced no new facts but simply attached a new legal label to the existing facts. The tribunal exercised its discretion to allow the amendment, finding that any prejudice to the respondent was outweighed by the prejudice to the claimant if the amendment were refused. The claim was considered to have been made within the statutory time limit as it was merely re-labelled.

Court Disposition

Leave granted to amend the claim to include disability discrimination.

Orders

  • Claimant permitted to amend claim to include disability discrimination.