Miller v Sword Security (NI) Ltd [2015] NIIT 47_15IT (29 May 2015)

The tribunal permitted the amendment of the claim and extended time for the sex discrimination claim, finding it just and equitable in the circumstances.

Citation: [2015] NIIT 47
Parties: Claimant: John Miller; Respondent: Sword Security (NI) Ltd; Respondent: David Cain
Jurisdiction: Northern Ireland
Judgment Date: 29 May 2015
Procedural Posture: Industrial Tribunal / Pre Hearing Review
Outcome: Application to amend claim allowed; extension of time for sex discrimination claim granted.
Legal Topics: Constructive Dismissal, Sex Discrimination, Extension of Time, Amendment of Claim

Employment Law Constructive Dismissal Sex Discrimination Extension of Time Amendment of Claim

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2

Parties

John Miller

Claimant

Sword Security (NI) Ltd

Respondent

David Cain

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

1 Whether the claimant may amend his claim to include additional particulars of alleged breaches of contract for constructive dismissal
2 Whether the claim of sex discrimination is out of time and if it is just and equitable to extend time

Ratio Decidendi

The tribunal permitted the amendment of the claim and extended time for the sex discrimination claim, finding it just and equitable in the circumstances.

Court Disposition

Application to amend claim allowed; extension of time for sex discrimination claim granted.

Orders

Claimant permitted to amend claim form to include additional particulars of alleged breaches of contract for constructive dismissal.
Time for bringing sex discrimination claim extended as just and equitable.