Penney v Lorinda Graham [2014] NIIT 336_14IT (16 October 2014)

Penney v Lorinda Graham [2014] NIIT 336_14IT (16 October 2014)

It is just and equitable to allow the claimant to amend her claim to include both the disability discrimination claim regarding reduction of hours and the constructive dismissal claim, given her medical condition and confusion, and as these amendments do not cause significant prejudice to the respondents.

Citation
[2014] NIIT 336_14IT
Parties
Claimant: Alana Penney; Respondent: Lorinda Graham; Respondent: Claire’s Accessories
Jurisdiction
Northern Ireland
Judgment Date
16 October 2014
Procedural Posture
Industrial Tribunal / Pre Hearing Review on Amendment of Claim
Outcome
Claim amended to include additional claims; both claims to proceed to hearing.
Legal Topics
Disability Discrimination, Constructive Dismissal, Extension of Time Limits, Amendment of Claim
Employment Law Discrimination Law Disability Discrimination Constructive Dismissal Extension of Time Limits Amendment of Claim

Case Brief

Summary, issues, holding and outcome

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Parties

Alana Penney

Claimant

Lorinda Graham

Respondent

Claire’s Accessories

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review on Amendment of Claim

Legal Issues

  1. 1 Whether the claimant can amend her claim to include allegations of disability discrimination due to reduction of hours during sick leave
  2. 2 Whether the claimant can amend her claim to include constructive dismissal related to her resignation
  3. 3 Whether it is just and equitable to extend time for these claims

Ratio Decidendi

It is just and equitable to allow the claimant to amend her claim to include both the disability discrimination claim regarding reduction of hours and the constructive dismissal claim, given her medical condition and confusion, and as these amendments do not cause significant prejudice to the respondents.

Court Disposition

Claim amended to include additional claims; both claims to proceed to hearing.

Orders

  • Claimant's claim amended to include disability discrimination regarding reduction of hours during sick leave.
  • Claimant's claim amended to include constructive dismissal related to resignation.