Johnston v Civil Service ResourcingHM Revenue & Customs [2016] NIIT 01090_16IT (17 October 2016)

Johnston v Civil Service ResourcingHM Revenue & Customs [2016] NIIT 01090_16IT (17 October 2016)

The tribunal found that the claim form did not disclose a claim for indirect disability discrimination and, after considering the evidence and submissions, refused leave to amend the claim form to add such a claim.

Citation
[2016] NIIT 01090_16IT
Parties
Claimant: David Johnston; Respondent: Civil Service Resourcing; Respondent: HM Revenue & Customs
Jurisdiction
Northern Ireland
Judgment Date
17 October 2016
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Application to amend claim refused
Legal Topics
Disability Discrimination, Amendment of Claim, Indirect Discrimination
Employment Law Disability Discrimination Amendment of Claim Indirect Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

David Johnston

Claimant

Civil Service Resourcing

Respondent

HM Revenue & Customs

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claim form discloses a claim for indirect disability discrimination
  2. 2 Whether leave should be granted to amend the claim form to include a claim for indirect disability discrimination

Ratio Decidendi

The tribunal found that the claim form did not disclose a claim for indirect disability discrimination and, after considering the evidence and submissions, refused leave to amend the claim form to add such a claim.

Court Disposition

Application to amend claim refused

Orders

  • Claimant refused leave to amend claim form to add a claim for indirect disability discrimination
  • Further Case Management Discussion scheduled unless claimant seeks review or appeal