Nogli v Terramac Fabrication Ltd i (Discrimination - Disability Breach of Contract Unfair Dismissal Other) [2018] NIIT 07400_17IT (04 July 2018)
It is just and equitable to permit the claimant to amend his original claim to include disability discrimination and related heads, as the respondent was not surprised by the allegations and the amendment was sought before the case was ready for hearing.
- Citation
- [2018] NIIT 07400_17IT
- Parties
- Claimant: Elemir Nogli; Respondent: Terramac Fabrication Ltd
- Jurisdiction
- Northern Ireland
- Judgment Date
- 04 July 2018
- Procedural Posture
- Industrial Tribunal / Pre Hearing Review
- Outcome
- Application to amend claim granted
- Legal Topics
- Disability Discrimination, Constructive Unfair Dismissal, Breach of Contract, Reasonable Adjustments
Case Brief
Summary, issues, holding and outcome
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Parties
Elemir Nogli
Claimant
Terramac Fabrication Ltd
Respondent
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Legal Issues
- 1 Whether the claimant can amend his claim to include disability discrimination and related heads outside the statutory time limit
- 2 Whether it is just and equitable to permit the amendment
Ratio Decidendi
It is just and equitable to permit the claimant to amend his original claim to include disability discrimination and related heads, as the respondent was not surprised by the allegations and the amendment was sought before the case was ready for hearing.
Court Disposition
Application to amend claim granted
Orders
- Existing claim amended to include failure to make reasonable adjustments, direct disability discrimination, and disability related discrimination
Full Case Text
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