THE INDUSTRIAL TRIBUNALS 

CASE REF:	572/06

CLAIMANT:		Paul Martin Lynch

RESPONDENT:		Perfecseal Ltd

DECISION ON APPLICATION FOR REVIEW

I hereby revoke the decision not to accept the response and direct that the response be accepted.

Constitution of Tribunal:

Chairman:		Mrs M Davey

Appearances:

There was no representation for the claimant.

The respondent was represented by Mr R Shields, Barrister-at-Law, instructed by Babington & Croasdaile, Solicitors.

Reasons:

I am satisfied that it is in the interests of justice to revoke the decision not to accept the response in this case.  I accept that the response was prepared timeously, but was held up in the respondent’s post due to industrial action taking place at the respondent’s premises and the refusal of Royal Mail’s personnel to cross picket lines to collect that post.  In the circumstances, I am satisfied that, in accordance with the overriding objective of dealing with cases justly and proportionately, I consider that this step should be taken.  I am satisfied that no prejudice will affect the claimant in these circumstances and I further accept that considerable prejudice would be caused to the respondent if the response is not accepted.

Chairman:

Date and place of hearing: 17 August 2006, Belfast

Date decision recorded in register and issued to parties: