Moore v Food Safety Promotion Board [2006] NIFET 29_04FET (20 January 2006)

Moore v Food Safety Promotion Board [2006] NIFET 29_04FET (20 January 2006)

The amendment to include a claim of race discrimination is permitted as it is not an entirely new claim but a new label on facts already pleaded. The claim for sex discrimination is not permitted as it is a wholly new claim and outside the statutory time limit; it is not just and equitable to extend the time limit.

Citation
[2006] NIFET 29_04FET
Parties
Claimant: Doctor John Edmund Moore; Respondent: Food Safety Promotion Board
Jurisdiction
Northern Ireland
Judgment Date
20 January 2006
Procedural Posture
Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Amendment allowed for race discrimination claim; sex discrimination claim dismissed as out of time.
Legal Topics
Race Discrimination, Sex Discrimination, Statutory Time Limits, Amendment of Claims
Employment Law Anti Discrimination Law Race Discrimination Sex Discrimination Statutory Time Limits Amendment of Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Doctor John Edmund Moore

Claimant

Food Safety Promotion Board

Respondent

Procedural Posture

Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the originating application 29/04FET can be amended to include a claim of race discrimination
  2. 2 Whether the application to amend is within statutory time limits
  3. 3 Whether it is just and equitable to extend the time limit for a claim of sex discrimination

Ratio Decidendi

The amendment to include a claim of race discrimination is permitted as it is not an entirely new claim but a new label on facts already pleaded. The claim for sex discrimination is not permitted as it is a wholly new claim and outside the statutory time limit; it is not just and equitable to extend the time limit.

Court Disposition

Amendment allowed for race discrimination claim; sex discrimination claim dismissed as out of time.

Orders

  • Reference 29/04FET is amended to include a claim of discrimination on the grounds of race.
  • Application 2914/04 in relation to sex discrimination is dismissed.