Cassells v Department of Finance (Discrimination - Disability Discrimination - Part Time Working) [2020] NIIT 16429_19IT (24 February 2020)

Cassells v Department of Finance (Discrimination - Disability Discrimination - Part Time Working) [2020] NIIT 16429_19IT (24 February 2020)

The tribunal permitted the claimant to amend her claim as the relabelling was justified by the narrative in the original claim form, the amendment would not involve extensive new evidence, and any time limit issues were addressed by exercising discretion in favour of the claimant due to her medical condition and lack of specific advice.

Citation
[2020] NIIT 16429_19IT
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
Northern Ireland
Judgment Date
24 February 2020
Procedural Posture
Employment Tribunal / Application to Amend Claim
Outcome
Application to amend claim granted
Legal Topics
Part Time Worker Discrimination, Disability Discrimination, Amendment of Claims, Time Limits
Employment Law Discrimination Law Part Time Worker Discrimination Disability Discrimination Amendment of Claims Time Limits

Case Brief

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Tribunal / Application to Amend Claim

Legal Issues

  1. 1 Whether the claimant may amend her claim to include part-time worker discrimination and a specific allegation of denial of promotion
  2. 2 Whether the amendment constitutes a relabelling or a new claim
  3. 3 Whether time limits bar the amendment

Ratio Decidendi

The tribunal permitted the claimant to amend her claim as the relabelling was justified by the narrative in the original claim form, the amendment would not involve extensive new evidence, and any time limit issues were addressed by exercising discretion in favour of the claimant due to her medical condition and lack of specific advice.

Court Disposition

Application to amend claim granted

Orders

  • Claimant permitted to relabel her claim as part-time worker discrimination
  • Claimant permitted to amend claim to include specific allegation regarding denial of promotion