THE INDUSTRIAL TRIBUNALS

CASE REF:    2085/13

CLAIMANT:	R

RESPONDENTS:	1.	I
	2.	G

DECISION ON A PRE-HEARING REVIEW

The tribunal gives leave to the claimant to amend her claim by adding claims of race discrimination and sexual harassment and by adding G as a second respondent.

Constitution of Tribunal:

Chairman (sitting alone):	Mr B Greene

Appearances:

Mr E Foster, of counsel, instructed by James McNulty & Co Solicitors.

Ms A McLarnon, of counsel, instructed by Meyer McGuigan Solicitors.

1.	The claimant lodged a claim on 5 December 2013, in which she claimed constructive dismissal.

2.	Because of the nature of the matters contained in the claim form, which constituted an allegation of a sexual offence, anonymity is accorded to these proceedings under Rule 49 of the Industrial Tribunals Rules 2005.

3.	By letter of 14 February 2014, the claimant’s solicitor wrote to the Office of the Industrial Tribunals seeking leave to amend the claimant’s claim by adding claims under the Sex Discrimination (Northern Ireland) Order 1976, namely sexual harassment and race discrimination under the Race Relations (Northern Ireland) 1976 as amended.

4.	The respondent lodged its response on 14 February 2014, in which it disputed the claimant’s claim.  The respondent’s response was late and it successfully sought an extension of time to lodge its response.

5.	On 21 February 2014 the respondent indicated that it did not consent to any amendment to the claimant’s claim.  Accordingly, a Pre-Hearing Review was scheduled for 3 March 2014 to consider the following issues:-

	(1)	Whether the claimant should be permitted to amend her claim to include claims of race discrimination and sexual harassment?

	(2)	Whether the application to amend is within the three month time-limit?

	(3)	If not, is it just and equitable in all the circumstances to extend time for the amendment?

	(4)	Whether the claimant should be permitted to amend her claim to include a second respondent?

	(5)	Whether the proposed addition of a second respondent is in time, and if not whether it is just and equitable in all the circumstances to extend time for the amendment?

6.	The Pre-Hearing Review was heard on 3 March 2014.  The tribunal affirmed anonymity to the parties in keeping with Rule 49 of the 2005 Rules.

7.	In relation to the Issues for determination the tribunal made the following decisions:-

	1.	The first issue is answered in the affirmative.

	2.	The second issue is not necessary.

	3.	The third issue is not necessary.

	4.	The fourth issue is answered in the affirmative.

	5.	The fifth issue is unnecessary but even if the tribunal were wrong it would exercise its just and equitable jurisdiction to extend time to join the second respondent.

8.	Oral reasons were given at the hearing for the tribunal’s decision.  

9.	The tribunal also makes the following orders consequential to its granting of leave to amend:-

	(1)	The claimant will set out specifically the amendments including the facts in support of the amendments in keeping with what was discussed at the Pre-Hearing Review and will do so by 18 March 2014.

(2)	G is joined as a second respondent.  A joinder Order will be issued.

	(3)	The first respondent will be at liberty to amend its response and deal with the amended claim form and will lodge such amended response by 1 April 2014.

(4)	The second respondent G will be served with a joinder to this claim and a copy of the claimant’s amended claim form and will have 28 days from receipt of that to put in his response.

Chairman:

Date and place of hearing:        3 March 2014, Belfast.

Date decision recorded in register and issued to parties: