Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 478/08

CLAIMANT: Neil Frederick Beggs

RESPONDENT: 1. Lilburn Contracts

2. Andrew Lilburn

3. Denis Currie

Certificate of Correction

The decision issued on 11 September 2008 at paragraph 1 of page 1 should read as follows:

The decision of the tribunal is that before making an order under Rule 18(7) (d) of the Industrial Tribunals Rules of Procedure 2005 to strike out the claimant's claim as it is not being actively pursued, the tribunal has directed that a notice be sent to the claimant under Rule 19 of the Industrial Tribunals Rules of Procedure 2005, such notice to be complied with by 10 October 2008.

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Date: __________________________________________

THE INDUSTRIAL TRIBUNALS

CASE REF: 478/08

CLAIMANT: Neil Fredrick Beggs

RESPONDENT: Lilburn Contracts

Andrew Lilburn

Denis Currie

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that before making an order under Rule 18(7)(d) of the Industrial Tribunals Rules of Procedure 2005 to strike out the claimant's claim as it is not being actively pursued, the tribunal has directed that a notice be sent to the claimant under Rule 19 of the Industrial Tribunals Rules of Procedure 2005, such notice to be complied with by 30 September 2008.

Constitution of Tribunal:

Chairman (sitting alone): Mr P Kinney

Appearances:

The claimant did not appear and was not represented.

The respondents were represented by Mr Denis Currie, one of the three partners in Lilburn Contracts.

1. This Case Management Discussion ("CMD") was held to consider whether the claimant's claim should be struck out by virtue of Rule 18(7)(b), (c), or (d) of the Industrial Tribunals (Rules of Procedure) 2005.
2. The claimant made a claim to the Industrial Tribunals which was received on 29 February 2008. The claim was accepted for unfair dismissal and race discrimination and rejected for right to receive a redundancy payment.
3. A response was received from the respondents on 22 April 2008.
4. A CMD was convened on 24 July 2008.
5. The claimant did not attend and the respondents were represented by Mr Currie. The claimant's solicitors had forwarded a fax to the tribunal shortly before the CMD stating that they had come off record. The CMD was adjourned until 11 August 2008. All parties were notified of the postponed date of the CMD. On 11 August the claimant again did not appear and was not represented and Mr Currie again attended on behalf of the respondents. At that hearing, the Chairman directed that a Pre-hearing Review should be held to consider whether the claimant's claim should be struck out by virtue of Rule 18(7), (b), (c), or (d) of the Industrial Tribunals (Rules of Procedure) 2005.
6. A notice of Pre-hearing Review was sent to the parties on 12 August 2008 fixing the date of 29 August 2008 for the hearing. At this hearing the claimant again has not attended nor is he represented.
7. I am satisfied that the claimant has been properly informed of today's hearing. Mr Currie is not aware of any reason why the claimant would not be in a position to attend hearings and confirmed that the address held by the tribunal is the last known address that he has for the claimant.
8. Mr Currie invited me to strike out the claimant's claims. I am not prepared to do so at this stage. However it is also clear that the claimant has been clearly informed of his requirement to attend the Case Management Discussions and has failed to provide any explanation for his non attendance. Similarly he has been informed of the nature of today's hearing and has taken no steps to contact the tribunal or show any reason why a strike out of his claim should not be made.
9. I consider that there are potentially grounds for striking out the cliamant's claims under Rule 18(7)(d), that is to strike out a claim which has not been actively pursued. Before I will do so however I require that a notice be sent to the claimant under Rule 19. The Secretary shall send a notice to the claimant under Rule 19 to advise him that I am considering making an order to strike out his claim. The notice shall inform him of the order to be considered and give him the opportunity to give reasons why the order should not be made. Those reasons must be provided to the tribunal by 10 October 2008.

Chairman:

Date and place of hearing: 29 August 2008, Belfast

Date decision recorded in register and issued to parties: