Simpson v Patrick Doherty [2008] NIFET 34_08FET (09 July 2008)

Simpson v Patrick Doherty [2008] NIFET 34_08FET (09 July 2008)

The claimant complied with step 1 of the statutory grievance procedure as both night and day shift allegations were discussed and investigated at the grievance meeting, establishing necessary correlation and jurisdiction for the Tribunal to hear the amended claim.

Citation
[2008] NIFET 34_08FET
Parties
Claimant: Noelle Simpson; Respondent: Patrick Doherty; Respondent: Anna Elder
Jurisdiction
Northern Ireland
Judgment Date
09 July 2008
Procedural Posture
Fair Employment Tribunal Pre Hearing Review / Application for Leave to Amend Claim and Jurisdictional Determination
Outcome
Application for leave to amend claim granted; Tribunal jurisdiction confirmed.
Legal Topics
Victimisation, Statutory Grievance Procedure, Claim Amendment, Jurisdiction
Employment Law Anti Discrimination Law Victimisation Statutory Grievance Procedure Claim Amendment Jurisdiction

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 8 Party arguments 2
Sign in to unlock

Parties

Noelle Simpson

Claimant

Patrick Doherty

Respondent

Anna Elder

Respondent

Procedural Posture

Fair Employment Tribunal Pre Hearing Review / Application for Leave to Amend Claim and Jurisdictional Determination

Legal Issues

  1. 1 Whether the claimant may amend her claim to include allegations regarding denial of extra day shifts as victimisation
  2. 2 Whether the Tribunal has jurisdiction to hear the amended claim given statutory grievance procedure requirements

Ratio Decidendi

The claimant complied with step 1 of the statutory grievance procedure as both night and day shift allegations were discussed and investigated at the grievance meeting, establishing necessary correlation and jurisdiction for the Tribunal to hear the amended claim.

Court Disposition

Application for leave to amend claim granted; Tribunal jurisdiction confirmed.

Orders

  • Claimant granted leave to amend claim to include allegations regarding denial of extra day shifts as victimisation.
  • Tribunal confirms jurisdiction to hear the amended claim as statutory grievance procedure was complied with.