THE INDUSTRIAL TRIBUNALS
CASE REF: 4056/19
CLAIMANT: Anonymised Claimant
RESPONDENT: Anonymised Respondent
DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is that the application to exclude, at this stage, the claims of sexual harassment involving a particular individual on the grounds of time limitation was dismissed.
CONSTITUTION OF TRIBUNAL
Vice President (sitting alone): Mr N Kelly
APPEARANCES:
The claimant was represented by Mr Michael O’Brien, Barrister-at-Law, instructed by John Fahy & Co, Solicitors.
The respondent was represented by Mrs Anna McLarnon, Barrister-at-Law, instructed by DWF (NI) LLP Solicitors.
1. The application by the respondent to exclude at this stage the claims of sexual harassment involving a particular individual was dismissed in an oral decision given with reasons.
2. The tribunal determined that this was a matter where the allegations were inter‑mingled to such an extent and where there was an arguable case of a continuing act, that it would be unsafe to reach a separate finding in this respect at this stage.
3. The Directions in relation to the hearing listed for 11-14 November 2019 were amended as follows:
(i) The interlocutory process shall be completed in full no later than 5.00 pm on 18 October 2019.
(ii) The claimant shall provide signed and dated witness statements in respect of liability and remedy to the respondent’s solicitor by first class post or by email no later than 5.00 pm on 25 October 2019.
(iii) The respondent shall provide signed and dated witness statements in respect of liability and remedy to the claimant’s solicitor by first class post or by email no later than 5.00 pm on 1 November 2019.
(iv) The reading time at the start of the hearing on 11 November 2019 will be between 10.00 am and 11.30 am. The hearing will therefore start at 11.30 am on 11 November 2019 and at 10.00 am on subsequent days.
(v) The respondent shall provide the full name and address of Mr James Quinn by 5.00 pm on 4 October 2019 to the tribunal. A Witness Attendance Order will then issue from the tribunal to Mr Quinn requiring his attendance at the hearing of this matter on 13 November 2019.
Vice President:
Date and place of hearing: 3 October 2019, Belfast.
Date decision recorded in register and issued to parties: