Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  2310/16

2311/16

 

 

CLAIMANTs:                        Lynn Sheridan

                                                Thomas Dalzell Sheridan

 

RESPONDENTS:               1.  Peninsula Business Services Ltd

2.  B Stern-Gillet

 

 

 

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the second claimant’s application to amend his claim is refused.

 

The tribunal issued Case Management Orders at the conclusion of the Pre Hearing Review and those Orders are set out below.

 

Constitution of Tribunal:

President (sitting alone):  E McBride CBE

 

Appearances:

The second claimant was represented by Mrs L Sheridan.

The respondents were represented by Ms S Bradley, Barrister-at-Law, instructed by Mr Potts, Solicitor of Peninsula Business Services Ltd.

 

REASONS

1.            The issue for the tribunal to determine was whether the second claimant’s claim form should be amended in the terms set out in Mrs Sheridan’s letter of 15 May 2017, and, if there are any time limit issues, whether time should be extended on just and equitable grounds.

 

2.            Mrs Sheridan submitted that the first amendment sought was a relabelling of facts which were already set out in the second claimant’s claim form to add a claim of victimisation under the Disability Discrimination Act 1995.  I was satisfied that the facts were already in the second claimant’s claim form.  However, I was not satisfied that there was any reference to a protected act, which is an essential ingredient of a victimisation complaint, in the claim form.  Nor was Mrs Sheridan able to identify a protected act although given the opportunity to do so during her representations.  I therefore refused the second claimant’s first application to amend his claim form.

 

3.         Mrs Sheridan submitted that the second amendment application was also a relabelling of facts already set out in the second claimant’s claim form to include a claim of indirect disability discrimination.  I refused the second claimant’s second application because, unlike the position in Great Britain, the Disability Discrimination legislation in Northern Ireland does not give the industrial tribunal jurisdiction to hear and determine a complaint of indirect discrimination on the ground of disability. 

 

4.         The second claim withdrew his third amendment application at the hearing.

 

Case Management Directions

 

5.            I amended paragraphs 19 and 44 of the record of the Case Management Discussion which took place on 15 June 2017 to read that the respondent is ordered to check and provide the details of the cases within the first respondent’s database which were under the claimants’ names by 6 July 2017.

 

6.            I am satisfied that the respondents are entitled to discovery of the claimants’ diaries maintained by them while working for the first respondent.  If either or both of the claimants contend that any parts of their diaries should not be discovered, they must notify the respondents’ representative and the tribunal as soon as possible and, if appropriate, a further Case Management Discussion will be arranged so that I can inspect the disputed matters and make a ruling in relation to them.  If the claimants are happy for the respondents to inspect all of their diaries, they are, by agreement, to obtain a quotation for having the diaries photocopied in full in Northern Ireland.  They should then send a copy of the quotation to Mr Potts and as soon as that quotation is paid by the first respondent, Mr & Mrs Sheridan should have the photocopying done and the copies sent to Mr Potts as soon as possible thereafter.

 

7.            The parties are agreed, and I am satisfied that the second claimant’s new claim, case reference number 2813/17 should be considered and heard together with his claim number 2311/16 and the first claimant’s claim, case reference number 2310/16 which have already been consolidated.

 

8.            By consent:

 

(i)            the time limit for the claimants’ witness statements to be provided to the respondents’ representative is extended to 14 July 2017;

 

(ii)          the time limit for the respondents’ witness statements to be provided to the claimants is extended to 11 August 2017.

 




(iii)         the claimant is ordered to provide a draft bundle to the respondents’ representative by 27 July 2017 and the respondent is to complete the bundle and provide a copy of it to the claimants by 25 August 2017;

 

(iv)         the claim will remain listed for hearing from 11-15 September 2017. 

 

 

 

 

 

 

______________________________________

President

 

 

Date and place of hearing:          27 June 2017, Belfast

 

 

Date decision recorded in register and issued to parties: