Martin v Student Roost (Discrimination - Disability) [2019] NIIT 00467_19IT (28 June 2019)

Martin v Student Roost (Discrimination - Disability) [2019] NIIT 00467_19IT (28 June 2019)

The claim as formulated did not contain a complaint of failure to make reasonable adjustments. Adding such a claim would be a wholly new claim outside the statutory time limit, and the claimant failed to provide a satisfactory explanation for the delay or to discharge the burden of showing why the time limit should be extended. Leave to amend was refused.

Citation
[2019] NIIT 00467_19IT
Parties
Claimant: Claire Martin; Respondent: Student Roost
Jurisdiction
Northern Ireland
Judgment Date
28 June 2019
Procedural Posture
Industrial Tribunal (discrimination Disability) / Pre Hearing Review
Outcome
Leave to amend refused; claim proceeds only on direct disability discrimination.
Legal Topics
Disability Discrimination, Reasonable Adjustments, Amendment of Claims, Time Limits
Employment Law Discrimination Law Disability Discrimination Reasonable Adjustments Amendment of Claims Time Limits

Case Brief

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Parties

Claire Martin

Claimant

Student Roost

Respondent

Procedural Posture

Industrial Tribunal (discrimination Disability) / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant's claim contains a complaint of failure to make reasonable adjustments in relation to working conditions and the dismissal process
  2. 2 Whether leave should be granted to amend the claim to include such a complaint

Ratio Decidendi

The claim as formulated did not contain a complaint of failure to make reasonable adjustments. Adding such a claim would be a wholly new claim outside the statutory time limit, and the claimant failed to provide a satisfactory explanation for the delay or to discharge the burden of showing why the time limit should be extended. Leave to amend was refused.

Court Disposition

Leave to amend refused; claim proceeds only on direct disability discrimination.

Orders

  • The claimant’s claim does not contain a complaint of failure to make reasonable adjustments in relation to working conditions and the dismissal process.
  • Leave is not granted to amend the claim.