McKee v NSL Limited [2012] NIIT 01104_12IT (04 January 0 2012)

McKee v NSL Limited [2012] NIIT 01104_12IT (04 January 0 2012)

The proposed amendment relates to factual matters supporting an existing claim of sex discrimination and does not raise a new distinct head of complaint; it falls within the first category of amendment under Selkent Bus Company and does not attract time limit scrutiny. The claimant acted promptly upon discovering...

Source-derived case information.

Citation
[2012] NIIT 01104_12IT
Parties
Claimant: Nichola McKee; Respondent: NSL Limited
Jurisdiction
Northern Ireland
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Amendment allowed; claim for discrimination on grounds of sexual orientation dismissed.
Legal Topics
Sex Discrimination, Sexual Harassment, Amendment of Claim, Procedural Discretion
Employment Law Discrimination Law Sex Discrimination Sexual Harassment Amendment of Claim Procedural Discretion

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Parties

Nichola McKee

Claimant

NSL Limited

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claim can be amended to include claims of sex discrimination or discrimination on the ground of sexual orientation
  2. 2 Whether the amendment constitutes a new claim or merely adds factual evidence

Ratio Decidendi

The proposed amendment relates to factual matters supporting an existing claim of sex discrimination and does not raise a new distinct head of complaint; it falls within the first category of amendment under Selkent Bus Company and does not attract time limit scrutiny. The claimant acted promptly upon discovering the omission, and the respondent will not suffer significant prejudice. The amendment is allowed.

Court Disposition

Amendment allowed; claim for discrimination on grounds of sexual orientation dismissed.

Orders

  • Claimant's claim form amended to include the full statement sent to the respondent and appended to the decision.
  • Claim for discrimination on grounds of sexual orientation dismissed.