Andrews v Short Brothers PLC [2008] NIIT 705_03IT (16 January 2008)

Andrews v Short Brothers PLC [2008] NIIT 705_03IT (16 January 2008)

The claimant's application, though lacking explicit reference to disability discrimination, contains sufficient particulars to include a claim of unlawful discrimination under the Disability Discrimination Act 1995, based on specific allegations relating to his illness and redundancy assessment.

Citation
[2008] NIIT 705_03IT
Parties
Claimant: Lawrence Andrews; Respondent: Short Brothers PLC
Jurisdiction
Northern Ireland
Judgment Date
16 January 2008
Procedural Posture
Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Claimant's application includes a claim of unlawful disability discrimination; respondent granted leave to amend response.
Legal Topics
Disability Discrimination, Redundancy, Unfair Dismissal
Employment Law Discrimination Law Disability Discrimination Redundancy Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Lawrence Andrews

Claimant

Short Brothers PLC

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the claimant's application contains an allegation of disability discrimination
  2. 2 Whether the application can be amended to include an allegation of unlawful disability discrimination

Ratio Decidendi

The claimant's application, though lacking explicit reference to disability discrimination, contains sufficient particulars to include a claim of unlawful discrimination under the Disability Discrimination Act 1995, based on specific allegations relating to his illness and redundancy assessment.

Court Disposition

Claimant's application includes a claim of unlawful disability discrimination; respondent granted leave to amend response.

Orders

  • Respondent given leave to amend its response within 21 days to set out grounds for resisting the disability discrimination claim.