Black v Colin Black Newtownbreda High School Board of Governors of Newtownb... South Eastern Education & Libr... Colin Black Newtownbreda High School Board of Governors of Newtownb... [2013] NIIT 00316_12IT (10 May 2013)

Black v Colin Black Newtownbreda High School Board of Governors of Newtownb... South Eastern Education & Libr... Colin Black Newtownbreda High School Board of Governors of Newtownb... [2013] NIIT 00316_12IT (10 May 2013)

The claimant's application to amend her claim forms to include a claim of sexual harassment is granted because the amendment is a relabeling of facts already pleaded, the respondents are not prejudiced, and the balance of injustice and hardship favors the claimant. The tribunal is not in a position to determine whether the sexual harassment claim is manifestly hopeless at this stage; that is a matter for the full tribunal.

Citation
[2013] NIIT 00316_12IT
Parties
Claimant: Linda Black; Respondent: Colin Black; Respondent: Newtownbreda High School; Respondent: Board of Governors of Newtownbreda High School; Respondent: South Eastern Education & Library Board
Jurisdiction
Northern Ireland
Judgment Date
10 May 2013
Procedural Posture
Industrial Tribunal / Pre Hearing Review on Amendment Application
Outcome
Claimant's application to amend claim forms to include sexual harassment is granted.
Legal Topics
Sexual Harassment, Amendment of Pleadings, Procedural Fairness
Employment Law Discrimination Law Sexual Harassment Amendment of Pleadings Procedural Fairness

Case Brief

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Parties

Linda Black

Claimant

Colin Black

Respondent

Newtownbreda High School

Respondent

Board of Governors of Newtownbreda High School

Respondent

South Eastern Education & Library Board

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review on Amendment Application

Legal Issues

  1. 1 Whether the claimant's claim forms already contained complaints of sexual harassment
  2. 2 Whether the claimant should be permitted to amend her claim forms to include sexual harassment claims

Ratio Decidendi

The claimant's application to amend her claim forms to include a claim of sexual harassment is granted because the amendment is a relabeling of facts already pleaded, the respondents are not prejudiced, and the balance of injustice and hardship favors the claimant. The tribunal is not in a position to determine whether the sexual harassment claim is manifestly hopeless at this stage; that is a matter for the full tribunal.

Court Disposition

Claimant's application to amend claim forms to include sexual harassment is granted.

Orders

  • Claimant permitted to amend both claims to include a claim of sexual harassment.