THE INDUSTRIAL TRIBUNALS

CASE REF:	2844/10

CLAIMANT:			James Frederick Brown

RESPONDENT:		Department for Regional Development 

DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is that, by consent:-

(1)	the tribunal makes an order granting leave:-

(i)	to the claimant to amend his claim of unfair dismissal to include a claim:-

(a)	pursuant to Article 134A of the Employment Rights (Northern Ireland) Order 1996, as set out in Paragraph (1)(g) of his letter dated 26 January 2011; and

(b)	pursuant to Regulation 7(1) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000, as set out in Paragraph 2(a)(b) of his letter dated 26 January 2011.

(ii)	To the respondent to amend its response to the tribunal, within 21 days of the date this decision is registered and issued to the parties, to enable it to respond to the claimant’s claim as now amended, as set out above, insofar as it considers it appropriate and necessary to do so.

(2)	The tribunal makes an order ‘staying’ these tribunal proceedings pending the outcome and final determination of the claimant’s internal appeal of the decision by the respondent to dismiss him and, if appropriate, any appeal by the claimant to the Civil Service Appeal Board, subject to any further order/ direction made by the tribunal.

Constitution of Tribunal:
Chairman (sitting alone):		Mr N Drennan QC

Appearances:
The claimant appeared in person and was unrepresented.
The respondent was represented by Mrs N Murnaghan, Barrister-at-Law, instructed by The Departmental Solicitor’s Office.

Reasons

1.	At the outset of the hearing, the claimant confirmed that his amended claims related to his dismissal.  Following submissions the respondent’s representative, having further considered the terms of Regulation 15 of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004, withdrew the respondent’s previous objection to the claimant’s application for leave to amend his claim of unfair dismissal as set out above.  It was further agreed, in the circumstances, having regard to the decision in the case of Selkent Bus Company Ltd  v  Moore [1996] ICR 836, that the claimant’s application for leave to amend his said claim should be granted by the tribunal.  In light of the foregoing, I therefore made the orders, set out above, granting the claimant leave to amend his claim and the respondent to amend its response.

2.	It was further agreed, and I so ordered, having regard to the submissions of both parties, that these tribunal proceedings should be ‘stayed’ pending the outcome and final determination of the claimant’s internal appeal of the decision to dismiss him by the respondent and, if appropriate, any appeal by the claimant to the Civil Service Appeal Board, subject to any order/direction made by the tribunal.

3.	I remained concerned that the outcome of these appeals might be delayed for an unreasonable period of time.  In the circumstances, it was agreed, and I so ordered, that either party might make, if it wishes, an application, in writing, at any stage, for the order ‘staying’ the proceedings to be varied and/or set aside.  I further ordered that the claimant and the respondent’s representative should update the tribunal in writing by 8 July 2011 of the progress of the above appeals to enable the tribunal, if it considered it appropriate, to further consider whether the proceedings should continued to be the subject of the ‘stay’ order and, if necessary, arrange a Case Management Discussion.

4.	I understand that there are also pending High Court proceedings, which also do not appear to have been finally determined.  If any issues arises in relation to varying and/or setting aside the said ‘stay’ order, the tribunal will also require to be fully updated in relation to the position in relation to any outstanding High Court proceedings, if relevant, at that time.

Chairman:

Date and place of hearing:	25 March 2011, Belfast

Date decision recorded in register and issued to parties: