Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  706/17

 

 

 

CLAIMANT:                          Collette McGuckin

 

 

RESPONDENTS:               1.         John Atkinson T/A The Inn Castledawson

                                                2.         John Atkinson

 

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the amendments to the claimant’s claim, as set out below, are allowed.

 

Constitution of Tribunal:

Employment Judge (sitting alone):       Employment Judge Greene

 

Appearances:

The claimant was represented by Mr E McCarthy, Barrister-at-Law, instructed by John J McNally & Company, Solicitors.

The respondent was represented by Mr J Rafferty, Barrister-at-Law, instructed by Doris & MacMahon, Solicitors.

 

1.         At a Case Management Discussion on 23 May 2017, Employment Judge Crothers directed that a pre-hearing review would convene on 13 June 2017 at 10.00 am to consider two pre-hearing review issues which were:-

 

“(i)       Should the claimant’s claim be amended to include a claim of sex discrimination on the ground of pregnancy?

 

 (ii)       Should the claimant’s claim be amended to include a claim of constructive dismissal?”

 

2.         The pre-hearing review came on for hearing on 13 June 2017 and, with the consent of the parties, the tribunal added a third pre-hearing review issue which was:-

 

“(iii)     Should the claimant’s claim be amended to add claims for notice pay, holiday pay and arrears of pay.”

 

3.         This pre-hearing review issues were dealt with by way of oral evidence from the claimant and submissions by counsel. 

 

Pre-hearing review Issue 1

 

4.         The respondents’ representative indicated the respondents did not have objection to this amendment.  Accordingly, I give leave for this amendment to be made.

 

Pre-hearing review Issue 2

 

5.         On foot of the evidence adduced and submissions made, I am satisfied that this proposed amendment falls into the second category of amendments, set out in the decision of Selkent Bus Company Ltd  v  Moore [1996] ICR 836, and therefore is not subject to consideration from the point of view of time-limits.  There was not any argument that the respondents would face any hardship by reason of having to deal with this claim.  Accordingly, I permit this amendment and the factual evidence in the proposed amendment supporting it. 

 

Pre-hearing review Issue 3

 

6.         The parties were agreed that the issue of holiday pay was entitled to be canvassed by the claimant any holiday pay claim arises on termination of employment and therefore there is no question of an amendment being necessary. 

 

7.         In relation to the notice pay, the claimant’s representative advanced an argument that it was implicit in the answer in the claimant’s claim form at paragraph 6.3 that she was making a claim for notice pay.  Accordingly, with the agreement of the parties, this aspect of the claimant’s claim will be left to the tribunal hearing this matter and accordingly I permit that amendment and any factual matters in the amendment in support of it.

 

Arrears of pay

 

8.         I am satisfied that this is a category 3 amendment within the decision in Selkent.  The claimant does not advance any reason as to why it was not reasonably practicable to make such a claim.  Whilst the respondents have not advanced any hardship reasons for opposing it, I am not satisfied that time should be extended in order to enable the claimant to make this amendment and therefore I refuse the amendment.

 

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

 

10.       Accordingly, the respondents will have 14 days from the date of the issue of this decision to amend their response form. 

 

11.       A further Case Management Discussion will take place on:-

 

                        25 July 2017 at 10.00 am;

 

            to prepare this claim for hearing.

 

 

 

 

 

 

 

Employment Judge

 

 

Date and place of hearing:          13 June 2017, at Belfast

 

 

Date decision recorded in register and issued to parties: