Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 1090/16

 

 

CLAIMANT: David Johnston

 

 

RESPONDENTS: 1. Civil Service Resourcing

2. HM Revenue & Customs

 

 

 

DECISION ON A PRE-HEARING REVIEW

The tribunal finds that the claimant's claim form does not disclose a claim for indirect disability discrimination and it refuses leave to the claimant to amend his claim form to make such a claim.

 

Constitution of Tribunal:

Employment Judge (sitting alone): Employment Judge Greene

Appearances:

The claimant appeared in person.

The respondents were represented by Mr Aidan Sands, of counsel, instructed by the Crown Solicitors Office.

 

1. At a Case Management Discussion on 5 August 2016, Employment Judge Buggy directed that a Pre-Hearing Review should be convened on 12 August 2016 to consider the following Pre-Hearing Review issues:-

 

"1. Should the proceedings against Civil Service Resourcing be dismissed on the ground that those proceedings are misconceived.

 

2. Whether the claim form currently includes a claim of indirect disability discrimination and, if not, whether the claimant should be granted leave to amend his claim form so as to include such a claim?"

 

2. By letter of 9 August 2016 the respondents' Solicitor indicated that they no longer wished to have the first respondent dismissed from the proceedings. Accordingly that Pre-Hearing Review issue was abandoned.

3. The Pre-Hearing Review came on for hearing on 12 August 2016 at which time the tribunal determined that the claim form did not disclose a claim for indirect disability discrimination. However the parties were agreed that the matter should be adjourned so that the claimant could set out the specific wording of the proposed amendment.

 

4. The claimant set out the wording of his proposed amendment in a document dated 26 August 2016.

 

5. The Pre-Hearing Review reconvened on 12 October 2016 to consider the claimant's application to amend his claim form to add a claim for indirect disability discrimination.

 

6. The application was dealt with by evidence and submissions.

 

7. Having considered the evidence and submissions, I refused the claimant leave to amend his claim form to add a claim for indirect disability discrimination.

 

8. Full oral reasons for my decision were given at the hearing.

 

9. A further Case Management Discussion has been scheduled for Friday 18 November 2016 at 10.30 am in order to give such orders and directions so that the claimant's existing claims can proceed to hearing. However should the claimant wish to review the tribunal's decision or indeed appeal to the Court of Appeal on a point of law, then this Case Management Discussion will be abandoned.

 

 

 

 

Employment Judge:

 

 

Date and place of hearing: 12 August 2016 and 12 October 2016, Belfast.

 

 

Date decision recorded in register and issued to parties: