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

Posted In: Case Law
  • Case Reference
    NIIT 733/14, 829/14
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    A-Typical Working
Issues covered: Tribunal Time Limits; Agency Workers Regulations

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,

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This article is correct at 05/12/2014

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John Taggart BL

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