McCann v Vector Facilities Management Wallace Contracts (NI) Ltd Vector Facilities Management Wallace Contracts (NI) Limited [2012] NIIT 01248_11IT (06 January 2012)

McCann v Vector Facilities Management Wallace Contracts (NI) Ltd Vector Facilities Management Wallace Contracts (NI) Limited [2012] NIIT 01248_11IT (06 January 2012)

Leave to amend claim forms to include Regulation 15 claims against Vector is granted as refusal would cause greater prejudice to claimants than any hardship to respondents; delay was short and did not diminish respondents' ability to contest claims.

Citation
[2012] NIIT 01248_11IT
Parties
Claimant: John Gerard McCann; Claimant: Jonathan McCann; Respondent: Vector Facilities Management; Respondent: Wallace Contracts (NI) Limited
Jurisdiction
Northern Ireland
Judgment Date
06 January 2012
Procedural Posture
Industrial Tribunal / Pre Hearing Review on Leave to Amend Claim Form
Outcome
Leave to amend granted in part, deferred in part.
Legal Topics
Transfer of Undertakings, Information and Consultation, Unfair Dismissal, Amendment of Claim, Service Provision Change
Employment Law Transfer of Undertakings Information and Consultation Unfair Dismissal Amendment of Claim Service Provision Change

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Parties

John Gerard McCann

Claimant

Jonathan McCann

Claimant

Vector Facilities Management

Respondent

Wallace Contracts (NI) Limited

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review on Leave to Amend Claim Form

Legal Issues

  1. 1 Whether claimants should be granted leave to amend claim forms to include claims under Regulation 15 of TUPER and SPCR against respondents
  2. 2 Whether Regulation 15 claims are time-barred
  3. 3 Whether transferee (Wallace) is subject to Regulation 13 duties for employees not employed prior to transfer

Ratio Decidendi

Leave to amend claim forms to include Regulation 15 claims against Vector is granted as refusal would cause greater prejudice to claimants than any hardship to respondents; delay was short and did not diminish respondents' ability to contest claims.

Court Disposition

Leave to amend granted in part, deferred in part.

Orders

  • Each claimant is granted leave to amend claim form to include Regulation 15 claims against Vector Facilities Management.
  • Determination on leave to amend claim form to include Regulation 15 claims against Wallace Contracts (NI) Limited is deferred.