THE INDUSTRIAL TRIBUNALS

CASE REF:	1212/08

CLAIMANT:			Peter Ross McCartney

RESPONDENTS:		1.	Cartridge World NI
				2.	Roger Lomas

DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is that the response should not be struck-out because the respondents have not provided information which they agreed to provide at Case Management Discussions on 13 March 2009 and 29 May 2009.  

Constitution of Tribunal:
Vice President (sitting alone):	Mrs P Smyth

Appearances:
The claimant was represented by Ms Morrow.
The respondents were represented by Mrs L Sheridan, of Peninsula Business Services Limited.

1.	At a previous Case Management Discussion the respondents agreed to provide information and documents requested by the claimant.

2.	Ms Morrow explained that although information has been provided, in a number of respects the information does not provide a coherent response to the question asked or the information requested.  After perusal of the documentation it appeared that Mrs Sheridan had made a mistake in the provision of information.  Both parties discussed the issue of information and discovery and by consent the parties requested that Orders for Additional Information and Discovery and Inspection should be made in respect of the following matters:-

Order for Additional Information

(1)	Please provide a breakdown of the five serving staff in terms of name, job title, grade, whether part-time or full-time, current place of work and date of appointment.

(2)	Please provide specific details and evidence to show staff wastage figures over the past two years on which you intend to rely on at hearing.

(3)	Please provide the details of the training and/or development provided to the claimant after the agreement on 20 July 2007 to change the claimant’s hours to am when the shop is quieter.

(4)	Please provide the details of the training and/or development provided to the claimant after the agreement on 4 October 2007 to develop the claimant’s skills.

(5)	Please confirm the date when the claimant was permitted to change his working hours to permit him to come to work between 1200 and 1600 hours.

(6)	What were the specific business needs that resulted in the claimant being transferred from Castle Street to Cregagh Road.

Order for Discovery and Inspection

(1)	Please provide documents to confirm that five people were made redundant at the same time as the claimant, to include details of their name, date of employment, workplace and dismissal date.

(2)	Please provide documents confirming that Lynn Hunter did not receive regular payments of salary during the period December 2007 to 11 July 2008.

(3)	Please provide a copy of the final letter along with the financial statement which the respondents intends to rely on at the hearing.

I order, by consent, that the respondents complies with the Order by 28 August 2009.

3.	The tribunal notes, at the request of the claimant, that the ‘at risk’ letters referred to by the respondents are the letters dated 28 May and 2 July.  

4.	I had a discussion with the parties about the appropriate way of adducing evidence in this case in light of the claimant’s disability.  It was agreed that since this case is primarily an unfair dismissal case the respondents’ witnesses will give their evidence first followed by the claimant.  The claimant indicated that he would prefer that each witness reads his or her statement before being cross-examined.  If, on reflection, the claimant considers that his disability would adversely effect his ability to give evidence in this way he will inform the tribunal on the morning and Mrs Sheridan made it clear that the respondents will take no issue.

5.	If the claimant requires an interpreter to assist the tribunal in relation to one of the witnesses being called the claimant’s representative will inform the Office of the Tribunals immediately.

Vice President:

Date and place of hearing:	14 August 2009, Belfast

Date decision recorded in register and issued to parties: