Industrial Tribunals Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REF: 3080/04

CLAIMANT: Elaine Ruth Brown

RESPONDENTS: 1. Derry City Council

2. City of Derry Airport

3. Airport Manager

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the application to amend the claim to include a claim of discrimination on grounds of disability is refused.

Constitution of Tribunal:

Chairman: Ms P. Sheils (Chairman sitting alone)

Appearances:

The claimant did not appear and was not represented.

The respondents were represented by Ms S. Bradley, Barrister-at-Law, instructed by J. Blair Employment Solicitor.

ISSUE

The pre-hearing review was listed to determine the issue "whether the claim can be amended to include a claim of discrimination on the grounds of disability".

In the absence of the claimant the tribunal decided, under Rule 27(5), to dispose of the proceedings in the claimant's absence.

The tribunal had regard to the claim form and its attached papers. The tribunal also had regard to the respondents' response to that form. The tribunal considered the file. The tribunal heard submissions from the respondents' representative who indicated that she

would resist any application to amend the claim form to include a claim for disability discrimination.

In the absence of any submissions or evidence from the claimant as to the application to amend the claim form the tribunal decided that it had no basis on which it could consider the matter further.

Accordingly, the tribunal dismissed the claimant's application to amend the claim form. The unfair dismissal claim should now proceed to hearing.

The respondents' representative applied for costs. The tribunal indicated that while the respondents were entitled to apply for costs this matter should be considered at the outset of the hearing of the unfair dismissal case.

Chairman:

Date and place of hearing: 10 May 2006, Strabane.

Date decision recorded in register and issued to parties: