Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 169/07

CLAIMANT: Allan Davies

RESPONDENT: Northern Ireland Prison Service

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the claimant's claim form be amended to refer to 11 October 2006 as being the date of the statutory grievance under Stage I of the standard grievance procedure and that the claimant is entitled to present his claim of racial discrimination to the tribunal.

Constitution of Tribunal:

Chairman (sitting alone): Mr S A Crothers

Appearances:

The claimant was represented by Mr C Hamill, Barrister-at-Law, instructed by Worthingtons Solicitors.

The respondent was represented by Miss Murnaghan, Barrister-at-Law, instructed by the Crown Solicitor's Office.

1. The issue before the tribunal was whether the claimant is entitled to present a claim to the industrial tribunal in view of the provisions of Article 19(2) and (3) of the Employment (Northern Ireland) Order 2003 regarding the requirement to send a grievance in writing to the employer and to wait 28 days before presenting a claim to the tribunal.
2. It was common case that the claimant's claim form had been presented to the tribunal on 19 January 2007. It was also common case that paragraph 5.5 of the claim form referred to 22 August 2006, being the date on which the statutory grievance was raised, according to the claimant.
3. Having heard submissions from both parties representatives the date in paragraph 5.5 and the dates given in Section 8.4 of the claim form were amended by agreement to refer to 11 October 2006. It was also agreed by the respondent that the correspondence from the claimant dated 11 October 2006 did constitute a valid statutory grievance under Stage I of the standard procedure. The tribunal was supplied with documentation regarding the grievance by the claimant's representatives and is satisfied that such an amendment is appropriate and that the claimant had waited 28 days before presenting his claim to the tribunal.
4. The tribunal therefore concludes that the claimant has raised a statutory grievance under Stage I of the standard procedure in his correspondence to the respondent of 11 October 2006 and is entitled to present his complaint of race discrimination to the Industrial Tribunal.

Chairman:

Date and place of hearing: 3 July 2007, Belfast

Date decision recorded in register and issued to parties: