Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

 

CASE REF: 2342/14IT

 

 

CLAIMANT: James D'Arcy

 

 

RESPONDENTS: P and FG Limited t/a Mauds Enniskillen

 

 

 

Certificate of Correction

 

 

Please note the following correction to the costs decision issued on 07 September 2015:-

 

 

(i) Paragraph 2 should read:

 

"The tribunal however does commend the claimant, who is still at school, for his tenacity in pursuing the case. However, it is regrettable, having had the benefit of prior legal advice, that he had not crystallised the issues clearly before the tribunal and had not intimated the potential basis for a resolution of the case, which he had mentioned to the tribunal ......"

 

and not:-

 

"The tribunal however does commend the claimant, who is still at school, for his tenacity in pursuing the case. However, it is regrettable, having had the benefit of prior legal advice, that he had not crystallised the issues clearly before the tribunal and had not intimidated the potential basis for a resolution of the case, which he had mentioned to the tribunal ......"

 

 

 

 

Employment Judge:

 

 

Date:

 

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 2342/14

 

 

 

CLAIMANT: James D'Arcy

 

 

RESPONDENT: P & FG Limited

t/a Mauds Enniskillen

 

 

DECISION ON A PRE HEARING REVIEW

 

The decision of the tribunal is that it refuses the respondent's application to make a Deposit Order in relation to the claimant's claim for sex discrimination.

 

 

Constitution of Tribunal:

 

Employment Judge (sitting alone): Employment Judge Greene

 

 

 

Appearances:

 

The claimant appeared in person.

 

The respondent was neither in attendance nor represented.

 

 

SOURCES OF EVIDENCE

 

1. This matter was dealt with by submissions. The tribunal had regard to the claimant's claim form, the respondent's response, a Case Management Discussion record of proceedings of 29 January 2015 and the written submission on behalf of the respondent from Messrs Murnaghan & Fee Solicitors of 13 February 2015.

 

THE CLAIM AND DEFENCE

 

2. The claimant has brought a claim for discrimination on the grounds of his gender. The respondent denies the claimant's claim.

 

3. At a Case Management Discussion on 29 January 2015 Employment Judge McCaffrey, following an application by the respondent, directed that a Deposit Pre- Hearing Review would be convened to consider whether a claimant should be ordered to pay a deposit in order to proceed with his claim on the basis that his claim had little reasonable prospect of success.

 

4. The Deposit Hearing came on for hearing today. The respondent had indicated beforehand that it would not be in attendance nor would it be represented but submitted a letter of 15 February 2015 from Messrs Murnaghan & Fee Solicitors.

 

5. The claimant suggested that the proper title of the respondent was P & FS Limited, t/a Mauds Enniskillen. This requires to be determined with the assistance of the respondent.

 

SUBMISSIONS

 

6. The claimant stated that he believed he had a reasonable prospect of success in his claim. He believed that the respondent had not employed males as floor staff. He further added that the documents in relation to the marking of the candidates scores at the job interview, displayed inconsistent marking.

 

7. Following questions from me he indicated that he was in receipt of an allowance of £30 per week for each week in which he attends school for all five days unless there is a good excuse.

 

8. May I make it clear that the claimant attended today at the tribunal in order to progress his claim at the direction of the tribunal.

 

9. The respondent contends that it does employ male members of staff at a ratio of 3 to 12. It also alleged, through the letter from its solicitor, that the claimant's case did not raise primary facts upon which a tribunal could properly draw an inference of discrimination. Nor, the letter asserted, has the claimant identified other facts or circumstances that could give rise to an inference of discrimination. Thirdly the letter indicated that the respondent had provided documentary evidence, of the scoring mechanism of the applicants, which shows that the successful candidates, though female, had achieved a higher score than the claimant.

 

10. In concluding the letter stated that the claimant's case has no reasonable prospect of success and that it was misconceived, speculative and/or vexatious and therefore sought that a Deposit Order be made.

 

REASONS

 

11. Having regard to the claim form, response form and the submissions by the parties I was not satisfied that I could conclude that there was little reasonable prospect of success in relation to the claimant's claim. He alleges that he was not appointed because he was male and that there are no male floor staff within the respondent business. The respondent denied this and said there were male staff. In the absence of hearing the evidence in this case it is not possible for me to form a view at this stage as to the strength or otherwise of either contention. Accordingly I refuse the application to make a deposit in relation to the claimant's claim of sex discrimination.

 

 

 

CASE MANAGEMENT DISCUSSION

 

12. Following questions from the claimant I explained to him what he is required to do in terms of preparing an agreed bundle, a schedule of loss and producing witnesses to give evidence on his behalf. I further explained in response to a question from the claimant if he has not received either replies to his Notice for Additional Information or Discovery of documents or they are, in his view, inadequate then he may apply to the tribunal for an Order to compel the respondent to provide such information or documents or fuller or better information and documents. I emphasised to the claimant that he needed to do that as soon as possible as this matter is listed for hearing on 23 and 24 April 2015.

 

 

 

 

Employment Judge:

 

 

Date and place of hearing: 24 March 2015, Belfast.

 

 

Date decision recorded in register and issued to parties: