Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 1373/17

 

 

CLAIMANT: Jamie Winchester

 

 

RESPONDENTS: 1. Atos IT Services UK Ltd

2. Rachel Aiken

 

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that all claims are struck-out for failure to comply with the tribunal's Orders and for failure to actively pursue his claims.

 

Constitution of Tribunal:

Vice President (sitting alone): Mr N Kelly

 

Appearances:

The claimant did not appear and did not explain his absence.

The respondents were represented by Mr T Ogg, Barrister-at-Law, instructed by the In-house Counsel of the first-named respondent.

 

1. The claimant had lodged claims of alleged unfair dismissal and alleged discrimination contrary to the Disability Discrimination Act 1995.

 

2. The matter was first case-managed on 6 June 2017. The claimant attended at that Case Management Discussion. The claimant was directed, inter alia, to provide a signed and dated witness statement and a schedule of loss to the respondents' representatives by 5.00 pm 8 August 2017.

 

3. The claimant did not provide either document as directed by Order of the Tribunal.

 

4. The matter was further case-managed on 4 August 2017. The claimant did not appear. A written record was sent to the claimant reminding him of his obligations.

 

5. The claimant still did not provide his witness statement or schedule of loss as directed by Order of the Tribunal.

 

6. The matter was listed for a pre-hearing review on 1 September 2017 and notification was sent to the claimant.

 

7. The issues for the tribunal at this pre-hearing review were:-

 

"(1) Whether the claimant has complied with tribunal orders made at a Case Management Discussion on 6 ^th June 2017.

 

(2) If not, whether the claimant's claim should be struck-out for failing to comply with the said Order or for failing to actively pursue his claim."

 

8. At the pre-hearing review on 1 September 2017 the claimant had not appeared in the tribunal by 10.30 am. The pre-hearing review, which had been listed for 10.00 am, commenced at 10.30 am. After hearing arguments from counsel for the respondents, the claims were struck-out in their entirety for:-

 

(1) Failure to comply with the Orders of the Tribunal given on 6 June 2017.

 

(2) Failing to actively pursue his claims.

 

 

 

 

 

 

 

Vice President:

 

 

Date and place of hearing: 1 September 2017, Belfast

 

 

Date decision recorded in register and issued to parties: