Lendrum v Northern Excavators Ltd & Ors [2019] NIIT 01863_18IT (04 April 2019)

Lendrum v Northern Excavators Ltd & Ors [2019] NIIT 01863_18IT (04 April 2019)

The claimant's application to amend claims to include Regulation 4 is refused as misconceived; application to amend claim against Northern Excavators is granted as not out of time; application to amend claims against remaining respondents to include Regulation 20 is granted as it was not reasonably practicable to lodge in time and was lodged within a reasonable period.

Citation
[2019] NIIT 01863_18IT
Parties
Claimant: Raymond Ian Lendrum; Respondent: Northern Excavators Ltd; Respondent: Clifford Lilburn; Respondent: Denis Currie; Respondent: Andrew Lilburn t/a Lilburn Contracts
Jurisdiction
Northern Ireland
Judgment Date
04 April 2019
Procedural Posture
Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Applications to amend claims partially granted and partially refused.
Legal Topics
Working Time Regulations, Holiday Pay, Redundancy, Employment Relationship, Amendment of Claims
Employment Law Working Time Regulations Holiday Pay Redundancy Employment Relationship Amendment of Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Raymond Ian Lendrum

Claimant

Northern Excavators Ltd

Respondent

Clifford Lilburn

Respondent

Denis Currie

Respondent

Andrew Lilburn t/a Lilburn Contracts

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether claimant may amend claims to include reference to Regulations 4 and 20 of the Working Time Regulations (Northern Ireland) 2016
  2. 2 Timeliness and practicability of lodging amended claims
  3. 3 Legal identity and employment relationship between claimant and respondents

Ratio Decidendi

The claimant's application to amend claims to include Regulation 4 is refused as misconceived; application to amend claim against Northern Excavators is granted as not out of time; application to amend claims against remaining respondents to include Regulation 20 is granted as it was not reasonably practicable to lodge in time and was lodged within a reasonable period.

Court Disposition

Applications to amend claims partially granted and partially refused.

Orders

  • Application to amend claims to include Regulation 4 refused.
  • Application to amend claim against Northern Excavators granted.