Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:    2734/10

 

 

 

CLAIMANT:                                David Jackson

 

 

RESPONDENT:                        Fisher Metal Engineering LLP

 

 

 

 

DECISION ON A PRE-HEARING REVIEW

 

The claimant was given leave to amend his claim form to include claims for unpaid wages, unpaid holiday pay and unpaid notice pay.

 

 

 

Constitution of Tribunal:

 

Chairman  (Sitting alone):      Mr Paul Buggy

 

 

 

Appearances:

 

The claimant was self-represented.

 

There was no appearance on behalf of the respondent.

 

 

 

REASONS

 

1.         The claimant submitted his claim to the Office of the Industrial Tribunals by electronic means.

 

2.         According to the Office of the Industrial Tribunals record of the claim form, it currently contains only a claim in respect of redundancy pay.  However, having listened to the claimant during the course of this hearing, I am convinced that he did intend to submit a claim form containing claims in respect of unpaid wages, unpaid holiday pay and unpaid notice pay, as well as including a claim for redundancy pay.  (The claimant told me that the claim form, as submitted by him, did indeed include claims in respect of all of those matters.  However, for the purpose of determining this application for leave to amend the claim form, I do not need to arrive at a final conclusion on the question of whether or not that particular assertion is correct or incorrect.)

 

3.         I am satisfied that the respondent has not in any way been prejudiced by any late notification of the “additional” claims.  The respondent had been informed, in advance, of the holding of this Pre-Hearing Review, but has not made contact with the Office of the Industrial Tribunals, or sought to make any representations, in that connection.

 

4.         Against that background, I am satisfied that it is appropriate to grant the claimant leave to amend his claim form so as to include the “additional” claims specified above.

 

5.         I have suggested that the claimant should liaise with the administrative staff of the Office of the Industrial Tribunals in relation to his contention that the claim form, as submitted by him, did indeed already include claims in respect of unpaid wages, unpaid holiday pay and unpaid notice pay.  On the basis of the information available to me, I am in no position to know whether or not there has indeed been made an administrative misadventure in this case.

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:               23 March 2011, Belfast.

 

 

Date decision recorded in register and issued to parties: