Giboney v PSNI [2007] NIIT 1525_05IT (14 November 2007)
It is just and equitable to allow the amendment to add a claim of indirect sex discrimination, as the prejudice to the claimant in losing a potentially viable claim outweighs the prejudice to the respondent in losing a limitation defence, and the delay has not significantly prejudiced the respondent's ability to defend the claim.
- Citation
- [2007] NIIT 1525_05IT
- Parties
- Claimant: Hazel Anne Giboney; Respondent: PSNI
- Jurisdiction
- Northern Ireland
- Judgment Date
- 14 November 2007
- Procedural Posture
- Industrial Tribunal / Pre Hearing Review on Application to Amend Claim
- Outcome
- Leave to amend claim granted
- Legal Topics
- Part Time Workers, Indirect Sex Discrimination, Amendment of Claim, Limitation Periods
Case Brief
Summary, issues, holding and outcome
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Parties
Hazel Anne Giboney
Claimant
PSNI
Respondent
Procedural Posture
Industrial Tribunal / Pre Hearing Review on Application to Amend Claim
Legal Issues
- 1 Whether the claimant should be granted leave to amend her claim to include a claim of indirect sex discrimination
- 2 Whether it is just and equitable to extend the time limit for bringing the new claim
Ratio Decidendi
It is just and equitable to allow the amendment to add a claim of indirect sex discrimination, as the prejudice to the claimant in losing a potentially viable claim outweighs the prejudice to the respondent in losing a limitation defence, and the delay has not significantly prejudiced the respondent's ability to defend the claim.
Court Disposition
Leave to amend claim granted
Orders
- Claimant granted leave to amend her claim to include a claim of indirect sex discrimination
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