Magee v Workforce Training Services Ltd [2009] NIIT 1520_08IT (27 July 2009)

Magee v Workforce Training Services Ltd [2009] NIIT 1520_08IT (27 July 2009)

The tribunal held that the proposed amendment to include a claim of automatic unfair dismissal under Article 131 and Regulation 20(1)(a) and (2) was a relabelling of an existing pleaded claim, not a new factual allegation, and would not cause hardship to the respondent. Leave to amend was granted.

Citation
[2009] NIIT 1520_08IT
Parties
Claimant: Grainne Magee; Respondent: Workforce Training Services Ltd
Jurisdiction
Northern Ireland
Judgment Date
27 July 2009
Procedural Posture
Industrial Tribunal Pre Hearing Review / Pre Hearing Review on Amendment of Claim
Outcome
Leave to amend claim granted
Legal Topics
Unfair Dismissal, Maternity Leave, Redundancy, Sex Discrimination, Amendment of Pleadings
Employment Law Unfair Dismissal Maternity Leave Redundancy Sex Discrimination Amendment of Pleadings

Case Brief

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Parties

Grainne Magee

Claimant

Workforce Training Services Ltd

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Pre Hearing Review on Amendment of Claim

Legal Issues

  1. 1 Whether the claim form included a claim under Regulation 10 or 18 of the Maternity and Parental Leave etc Regulations (Northern Ireland) 1999
  2. 2 Whether the claim form should be amended to include a claim of automatic unfair dismissal under Article 131 of the Employment Rights (NI) Order 1996 and Regulation 20(1)(a) and (2)

Ratio Decidendi

The tribunal held that the proposed amendment to include a claim of automatic unfair dismissal under Article 131 and Regulation 20(1)(a) and (2) was a relabelling of an existing pleaded claim, not a new factual allegation, and would not cause hardship to the respondent. Leave to amend was granted.

Court Disposition

Leave to amend claim granted

Orders

  • Claimant granted leave to amend claim to include automatic unfair dismissal under Article 131 of the Employment Rights (NI) Order 1996 and Regulation 20(1)(a) and (2) of the Maternity and Parental Leave etc Regulations (Northern Ireland) 1999
  • Application for costs deferred to substantive hearing