Hristina Nikolova v Grafton Recruitment Ltd & Kerry Foods Enniskillen [2014]

The issue before the tribunal was whether the claimant should be granted leave to amend her claim so as to include a claim under the Agency Workers Regulations (Northern Ireland) 2011. The claimant had sought advice from a number of sources but relied on lack of knowledge, understanding, and experience in relation to the process, although acknowledging that at all material times that she was an Agency Worker.

The first named respondent contended that any claims under the Regulations were wholly new claims not contained within the original claim forms and could not be regarded as a ‘relabelling of facts’ already pleaded in the case. It was also contended that there would be prejudice caused,