Miller v Internal Door Systems [2010] NIIT 07299_09IT (31 August 2010)

Miller v Internal Door Systems [2010] NIIT 07299_09IT (31 August 2010)

The proposed amendment to paragraph 7 does not add new heads of claim or new claims arising from facts already pleaded, but provides additional factual matters and rewords the claim. It falls under the first category of amendment per Selkent Bus Company Ltd v Moore, not subject to time-limit scrutiny but subject to hardship and delay. It is just and equitable to permit the amendment and join Andor Design Limited as a respondent.

Citation
[2010] NIIT 07299_09IT
Parties
Claimant: Miller; Respondent: Internal Door Systems; Respondent: Colin Glendenning; Respondent: Michael Cunningham; Respondent: Andor Design Limited
Jurisdiction
Northern Ireland
Judgment Date
31 August 2010
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Amendment to claim allowed; Andor Design Limited joined as respondent
Legal Topics
Unfair Dismissal, Redundancy Payment, Unpaid Wages, Holiday Pay, Transfer of Undertaking, Amendment of Claim, Joinder of Parties
Employment Law Unfair Dismissal Redundancy Payment Unpaid Wages Holiday Pay Transfer of Undertaking Amendment of Claim Joinder of Parties

Case Brief

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Parties

Miller

Claimant

Internal Door Systems

Respondent

Colin Glendenning

Respondent

Michael Cunningham

Respondent

Andor Design Limited

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant is entitled to amend his claim form by substituting a new paragraph 7
  2. 2 Whether Andor Design Limited should be joined as a respondent

Ratio Decidendi

The proposed amendment to paragraph 7 does not add new heads of claim or new claims arising from facts already pleaded, but provides additional factual matters and rewords the claim. It falls under the first category of amendment per Selkent Bus Company Ltd v Moore, not subject to time-limit scrutiny but subject to hardship and delay. It is just and equitable to permit the amendment and join Andor Design Limited as a respondent.

Court Disposition

Amendment to claim allowed; Andor Design Limited joined as respondent

Orders

  • Leave granted to amend paragraph 7 of the first claimant’s claim form
  • Andor Design Limited joined as respondent