Claimant A Claimant B v Respondent C Respondent D & Ors (Discrimination - Sex) [2021] NIit 02067_20it (12 August 2021)

Claimant A Claimant B v Respondent C Respondent D & Ors (Discrimination - Sex) [2021] NIit 02067_20it (12 August 2021)

The tribunal granted Claimant A leave to amend his claim to include constructive dismissal, finding it was not reasonably practicable for him to present this claim earlier due to misunderstanding of his legal rights, lack of legal advice, and personal circumstances, and that he acted promptly once aware. For Claimant B, the tribunal granted leave to amend in respect of paragraphs 1-8 and 13, as these were either additional facts or further detail to existing claims, but refused leave for paragraphs 9-12 (disability discrimination and failure to make reasonable adjustments) as these constituted new claims not sufficiently linked to the original claim and were out of time, with no just and...

Citation
[1996] IRLR 61
Parties
Claimant: Claimant A; Claimant: Claimant B; Respondent: Respondent C; Respondent: Respondent D; Respondent: Respondent E; Respondent: Respondent F
Jurisdiction
Northern Ireland
Judgment Date
12 August 2021
Procedural Posture
Industrial Tribunal (northern Ireland) Discrimination/sex/disability/constructive Dismissal / Preliminary Hearing on Amendment Applications
Outcome
Partially allowed
Legal Topics
Sex Discrimination, Disability Discrimination, Constructive Dismissal, Amendment of Pleadings, Time Limits
Employment Law Discrimination Law Sex Discrimination Disability Discrimination Constructive Dismissal Amendment of Pleadings Time Limits

Case Brief

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Parties

Claimant A

Claimant

Claimant B

Claimant

Respondent C

Respondent

Respondent D

Respondent

Respondent E

Respondent

Respondent F

Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) Discrimination/sex/disability/constructive Dismissal / Preliminary Hearing on Amendment Applications

Legal Issues

  1. 1 Whether claimants should be granted leave to amend their claims as sought in the amendment application dated 27 November 2020
  2. 2 Whether the amendments constitute new causes of action and are out of time
  3. 3 Whether it was reasonably practicable or just and equitable to allow the amendments

Ratio Decidendi

The tribunal granted Claimant A leave to amend his claim to include constructive dismissal, finding it was not reasonably practicable for him to present this claim earlier due to misunderstanding of his legal rights, lack of legal advice, and personal circumstances, and that he acted promptly once aware. For Claimant B, the tribunal granted leave to amend in respect of paragraphs 1-8 and 13, as these were either additional facts or further detail to existing claims, but refused leave for paragraphs 9-12 (disability discrimination and failure to make reasonable adjustments) as these constituted new claims not sufficiently linked to the original claim and were out of time, with no just and...

Court Disposition

Partially allowed

Orders

  • Claimant A granted leave to amend his claim as sought in the amendment application dated 27 November 2020.
  • Claimant B granted leave to amend her claim as sought in paragraphs 1-8 and 13 of the amendment application dated 27 November 2020.