Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 496/05

CLAIMANT: Barry John Fox

RESPONDENTS: 1. Kevin McGuigan

2. Christine McGuigan (Nee Meyler)

DECISION ON A PRE-HEARING REVIEW

January 2005 was the material time for the purposes of these proceedings. At the material time, the claimant had a disability within the meaning of Section 1 of the Disability Discrimination Act 1995 (as amended).

Constitution of Tribunal:

Chairman: Mr P Buggy (Chairman sitting alone).

Appearances:

The claimant was represented by Mr M McDonnell, Barrister-at-Law, instructed by John J Roche, Solicitors.

The respondent was represented by Mr J O'Hara QC, with Mr M Robinson,

Barrister-at-Law, instructed by King & Gowdy, Solicitors.

REASONS

1. This is a decision on a Pre-Hearing Review in respect of the following preliminary issue:-

"Whether the claimant had a disability, at the material time, within the meaning of Section 1 of the Disability Discrimination Act 1995 [as amended]".

2. The parties are agreed that the material time, for the purpose of the present proceedings, is January 2005.
3. Having considered all the medical evidence which is now available to them, the respondent admit, for the purpose of the determination of the above preliminary issue only, that the claimant had a disability, at the material time, within the meaning of the relevant legislation. The tribunal decides accordingly.
4. The parties to these proceedings used to be in partnership together. The representatives of the parties have pointed out that proceedings relating to the dissolution of the partnership are still pending in the High Court. The preliminary view, on both sides of the case, is that some of the factual issues which will arise in the High Court proceedings are issues which an industrial tribunal would have to determine in the course of arriving at the substantive decision in respect of these industrial tribunal proceedings.
5. There will be a case review of the High Court proceedings on 29 May 2007. It is agreed that the parties will have discussions immediately thereafter, with a view to arriving at a common position on the question of whether or not these industrial tribunal proceedings should be stayed pending the outcome of the High Court proceedings. The parties will seek to arrive at a common position on this matter.
6. The claimant's solicitors will write to the Secretary of the Industrial Tribunals by 15 June 2007, outlining that common position, or (alternatively) outlining the claimant's position, while annexing a letter from the respondents' solicitors (which would set out the respondents' position, if that differs from the claimant's position).

Chairman:

Date and place of hearing: 17 May 2007, Belfast.

Date decision recorded in register and issued to parties: