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Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> Neill v Lee Howard [2011] NIFET 249_09FET (13 January 2011)
URL: http://www.bailii.org/nie/cases/NIFET/2011/249_09FET.html
Cite as: [2011] NIFET 249_09FET, [2011] NIFET 249_9FET
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FAIR EMPLOYMENT TRIBUNAL
CASE REF: 249/09FET
7268/09IT
7498/09IT
CLAIMANT: Lyndsey Neill
RESPONDENT: Lee Howard
DECISION
The unanimous decision of the tribunal is that the case reference numbers set out above are hereby struck out because they have not been actively pursued by the claimant.
Constitution of Tribunal:
Chairman: Mr Uel Crothers
Members: Mrs Joy McCormick
Mrs Margaret Heaney
Appearances:
The claimant did not appear and was not represented.
The respondent did not appear and was not represented.
Reasons
1. As appears from the record of proceedings annexed to this decision dated 6 August 2010, a strikeout notice was forwarded to the claimant also dated 6 August 2010. Following a telephone conversation with the tribunal office, the tribunal unanimously decided not to strike her claim out at that stage. A Notice of Hearing was issued to the parties (including the respondent’s accountant) on 12 November 2010, and their attention drawn specifically to the italicised paragraphs in the notice relating to written representations and attendance at the hearing. There was no evidence before the tribunal that the respondent was legally insolvent.
2. The tribunal is satisfied that the claimant’s claims should be struck out as they have not been actively pursued. The claimant had been given a further opportunity to give reasons orally to the tribunal as to why such an order should not be made, but has failed to do so.
Chairman:
Date and place of hearing: 13 December 2010, Belfast.
Date decision recorded in register and issued to parties:
THE INDUSTRIAL TRIBUNALS
CASE REF: 249/09FET
7268/09
7498/09
Record of proceedings of an industrial tribunal sitting at Belfast on 6 August 2010
CLAIMANT: Lyndsey Neill
RESPONDENT: Lee Howard
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Constitution of Tribunal: |
Chairman |
Mr S A Crothers |
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Members |
Mrs McCormick Mrs Heaney |
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Representation of Parties:
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Name |
Capacity
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Claimant by:
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The claimant did not appear and was not represented.
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Respondent by:
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The respondent did not appear and was not represented.
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Record of Proceedings
1. At the Case Management Discussion held before the President on 29 April 2010, the claimant was made aware that the case would be listed in August 2010. The respondent did not appear at the Case Management Discussion nor was he represented. However both parties were sent a notice of hearing in early June 2010.
2. As a result of the Case Management Discussion, enquiries were raised with the respondent and his accountant to establish whether a Bankruptcy Order was in existence, as the claimant may require leave of the relevant court in order to proceed with her claims before the tribunal. Neither the respondent nor his accountant replied to the tribunal’s correspondence and despite several telephone conversations with the respondent shortly prior to the hearing, in an endeavour to ascertain the position, no documentary proof was forwarded regarding any Bankruptcy Order although faxed correspondence was received on 5 August 2010, from the respondent. The Department of Employment and Learning had no record of the respondent being insolvent. The respondent also indicated in a telephone conversation with the Tribunal Office on 5 August 2010, that an application had been made for a Bankruptcy Order.
3. As neither party appeared at the hearing, it was considered appropriate by the tribunal that a notice should be issued to the claimant under Rule 19 of the Industrial Tribunal Rules of Procedure 2005 in relation to an order to strike out the claimant’s claim which is not been actively pursued, giving the claimant the opportunity, within ten days of the notice, to give reasons why such an order should not be made.
Chairman:
Date: