Paine v Sensor Systems Watchman Ltd [2009] NIIT 11_09IT (07 May 2009)

Paine v Sensor Systems Watchman Ltd [2009] NIIT 11_09IT (07 May 2009)

The claimant's original claim form did not include a claim of sex discrimination, but the tribunal exercised its discretion to allow an amendment to include such a claim, as it arose from the same facts as the unfair dismissal claim and the greater hardship would be to the claimant if not allowed.

Citation
[2009] NIIT 11_09IT
Parties
Claimant: Claire Frances Paine; Respondent: Sensor Systems Watchman Ltd
Jurisdiction
Northern Ireland
Judgment Date
07 May 2009
Procedural Posture
Industrial Tribunal Pre Hearing Review / Pre Hearing Review on Amendment of Claim
Outcome
Application to amend claim granted; respondent given leave to amend response.
Legal Topics
Unfair Dismissal, Sex Discrimination, Pregnancy/maternity Discrimination, Amendment of Pleadings
Employment Law Discrimination Law Unfair Dismissal Sex Discrimination Pregnancy/maternity Discrimination Amendment of Pleadings

Case Brief

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Parties

Claire Frances Paine

Claimant

Sensor Systems Watchman Ltd

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Pre Hearing Review on Amendment of Claim

Legal Issues

  1. 1 Whether the original claim form included a claim of sex discrimination
  2. 2 Whether leave should be granted to amend the claim to include sex discrimination based on pregnancy/maternity

Ratio Decidendi

The claimant's original claim form did not include a claim of sex discrimination, but the tribunal exercised its discretion to allow an amendment to include such a claim, as it arose from the same facts as the unfair dismissal claim and the greater hardship would be to the claimant if not allowed.

Court Disposition

Application to amend claim granted; respondent given leave to amend response.

Orders

  • Claimant's claim form amended to include a claim of sex discrimination relating to discriminatory dismissal on grounds of pregnancy/maternity.
  • Respondent given 21 days to amend its response to address the amended claim.