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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Loughrey v Social Security Agency [2007] NIIT 2454_04 (12 January 2007)
URL: http://www.bailii.org/nie/cases/NIIT/2007/2454_04.html
Cite as: [2007] NIIT 2454_4, [2007] NIIT 2454_04
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2454/04
CLAIMANT: Mairead Loughrey
RESPONDENT: Social Security Agency
DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is that the claim be struck out as it has not been actively pursued.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant did not appear, nor was she represented at the hearing.
The respondent was represented by Mr A Sands, Barrister-at-Law, instructed by The Departmental Solicitor's Office.
By application to the industrial tribunals presented on 8 September 2004, the claimant alleged that the respondent had discriminated against her on the ground of her sex.
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2. |
(i) |
A Case Management Discussion was held on 4 September 2006, to identify the precise issues to be determined, to give appropriate case management directions and to list the case for hearing. |
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(ii) |
The claimant did not attend that hearing despite having been informed of its date and time. The solicitors who had previously acted for her had come off record by letter dated 25 September 2006, in which they informed the Office of the Tribunals that they had been unable to obtain instructions from the claimant. |
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(iii) |
At that Case Management Discussion the Chairman ordered that a Strike-out Notice be issued to the claimant informing her that her claim would be struck out because it had not been actively pursued unless she gave reasons why that should not be done. |
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4. |
(i) |
On 9 October 2006 a letter was written to the claimant containing a Strike-out Notice and informing her that if she wished to give reasons why a Strike-out Notice should not be made, she should do so in writing to the Secretary of the Tribunals at the address given. She was further informed that if she failed to do so by 23 October 2006 her claim would be struck out. |
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(ii) |
On 20 October 2006 the claimant wrote to the Office of the Tribunals stating that she had been unable to attend the hearing on 4 September 2006 because of ‘very serious domestic circumstances … which [she could not] discuss'. |
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(iii) |
At the direction of a Chairman a letter was sent to the claimant and the respondent's representative on 8 November 2006 telling them that the claimant's correspondence of 20 October 2006 had been considered by that Chairman who had directed that the matter be listed for a pre-hearing review to determine whether the claim should be struck out for not being actively pursued in view of the claimant's correspondence dated 20 October 2006. |
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(iv) |
The parties were told that they would be notified in due course of the date, time, and venue of the pre-hearing review. Notice of Hearing was subsequently sent to the parties on 13 November 2006. |
The claimant did not attend the hearing. She was not represented at it. She has not contacted the Office of the Tribunals since 20 October 2006 nor has the respondent received any communication from her.
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6. |
(i) |
I am satisfied that the claimant was sent a Notice of Hearing, and was aware of the issue in these proceedings, and the potential consequences for her claim. |
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(ii) |
The claim is hereby dismissed because it has not been actively pursued by her. |
Chairman:
Date and place of hearing: 11 January 2007, Belfast
Date decision recorded in register and issued to parties: