Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 895/07

CLAIMANT: Keith Whiteside

RESPONDENT: Botanic Inns Limited

DECISION ON A PRE-HEARING REVIEW

(A) The claimant is not prevented from presenting a claim to an industrial tribunal because of the effect of Article 19 of the Employment (Northern Ireland) Order 2003.

(B) The claimant is not disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of the Employment Rights (Northern Ireland) Order 1996 (regarding a minimum period of continuous employment).

Constitution of Tribunal:

Chairman (Sitting Alone): Mr P Buggy

Appearances:

The claimant was represented by Mr S Andress of Agnew Andress Higgins, Solicitors.

The respondent was represented by Mr Conor McGahon of Wolters Kluwer (UK) Ltd.

REASONS

1. The parties were agreed that I should resolve both of the preliminary issues (as outlined above) in favour of the claimant and I decided accordingly.
2. The parties have discussed the implications of the current position in the case and have arrived at agreed conclusions, which will be confirmed in correspondence. No relevant order of the tribunal is required in the context of those discussions.

Chairman:

Date and place of hearing: 3 October 2007, Belfast

Date decision recorded in register and issued to parties: