Davidson v Mallaghan Engineering Limited (Discrimination - Religious Belief/ Political opinion) [2021] NIFET 00016_20FET (29 July 2021)

Davidson v Mallaghan Engineering Limited (Discrimination - Religious Belief/ Political opinion) [2021] NIFET 00016_20FET (29 July 2021)

The application to amend is refused because it seeks to introduce an entirely new claim well outside the statutory time limit, with no reasonable explanation for the delay, minimal potential benefit to the claimant, and significant prejudice and delay to the respondent and tribunal process.

Source-derived case information.

Citation
[2021] NIFET 00016_20FET
Parties
Claimant: Conrad Philip Davidson; Respondent: Mallaghan Engineering Limited
Jurisdiction
Northern Ireland
Judgment Date
29 July 2021
Procedural Posture
Fair Employment Tribunal Preliminary Issue / Preliminary Hearing on Application to Amend Claim
Outcome
Application to amend claim refused
Legal Topics
Unfair Dismissal, Discrimination on Grounds of Religious Belief, Discrimination on Grounds of Political Opinion, Amendment of Claim, Health and Safety
Employment Law Discrimination Law Unfair Dismissal Discrimination on Grounds of Religious Belief Discrimination on Grounds of Political Opinion Amendment of Claim Health and Safety

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Parties

Conrad Philip Davidson

Claimant

Mallaghan Engineering Limited

Respondent

Procedural Posture

Fair Employment Tribunal Preliminary Issue / Preliminary Hearing on Application to Amend Claim

Legal Issues

  1. 1 Whether the claimant should be permitted to amend his claim to include an unfair dismissal claim under Article 132(1)(d) of the Employment Rights (Northern Ireland) Order 1996 based on health and safety grounds

Ratio Decidendi

The application to amend is refused because it seeks to introduce an entirely new claim well outside the statutory time limit, with no reasonable explanation for the delay, minimal potential benefit to the claimant, and significant prejudice and delay to the respondent and tribunal process.

Court Disposition

Application to amend claim refused

Orders

  • The matter will proceed to hearing as previously directed.
  • Hearing scheduled for 11-13 September 2021; additional dates vacated.