THE INDUSTRIAL TRIBUNALS
CASE REF: 656/15
CLAIMANT: Dermot Shortt
RESPONDENT: Asda Stores Limited
DECISION ON A PRE HEARING REVIEW
The claimant's claim was not struck out on the grounds of failing to comply with the tribunal's Orders or for failing to actively pursue his claim.
Constitution of Tribunal:
President (sitting alone): Miss E McBride CBE
Appearances:
The claimant was represented by Mr A Travers, Solicitor.
The respondent was represented by Mr J Kelly, Solicitor of Pinsent Masons LLP Solicitors.
1. The issues to be determined at this Pre Hearing Review were:
(1) Whether the claimant had complied with the Tribunal's Orders made at the Case Management Discussion on 1 July 2015 in respect of Discovery, Additional Information and Witness Statements.
(2) If not, whether the claimant's claim should be struck out for failure to do so.
(3) Whether the claimant had failed to actively pursue his claim.
(4) If so, whether the claimant's claim should be struck out.
Having considered the detailed and very helpful submissions by Mr Kelly and Mr Travers the tribunal did not strike out the claimant's claim for reasons given orally at the Hearing.
2. The tribunal postponed the Hearing of the case listed from 30 November to 9 December 2015 and relisted it from 9 May 2016 to 20 May 2016, unless alternative agreed dates around those dates are provided to the tribunal by 26 November 2015.
3. The tribunal extended the time limit for Notices for Discovery and/or Additional Information to be served to 10 December 2015 and for responses to be provided to 8 January 2016.
4. The tribunal extended the time limit for the claimant's witness statements to be provided to the respondent to 19 February 2016 and for the respondent's witness statements to be provided to the claimant to 8 April 2016. The tribunal also extended the word limit for the witness statements to 7,000 words.
5. The tribunal extended the time limit for the four bundles of documents and four folders with the witness statements to 5 May 2016,. The tribunal extended the page limit of the bundles to 500 pages.
6. The tribunal will read the witness statements on 9 May 2016 and the Hearing will commence at 10.00am on 10 May 2016 and all witnesses should be in attendance at that point.
President:
Date and place of hearing: 19 November 2015, Belfast
Date decision recorded in register and issued to parties: