Nugent v Scomac Express Ltd [2014] NIIT 01352_13IT (21 March 2014)

Strike-out was refused because, despite non-compliance with directions, both parties agreed a fair hearing was still possible, and less drastic measures were available to progress the claim.

Citation: [2014] NIIT 01352_13IT
Parties: Claimant: Ken Nugent; Respondent: Scomac Express Ltd
Jurisdiction: Northern Ireland
Judgment Date: 21 March 2014
Procedural Posture: Industrial Tribunal Employment / Pre Hearing Review on Application to Strike Out Claim
Outcome: Respondent's application for strike-out refused.
Legal Topics: Disability Discrimination, Race Discrimination, Breach of Contract, Unfair Dismissal, Constructive Dismissal, Strike Out Applications, Case Management

Employment Law Disability Discrimination Race Discrimination Breach of Contract Unfair Dismissal Constructive Dismissal Strike Out Applications Case Management

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Parties

Ken Nugent

Claimant

Scomac Express Ltd

Respondent

Procedural Posture

Industrial Tribunal Employment / Pre Hearing Review on Application to Strike Out Claim

Legal Issues

1 Whether the claimant's claim should be struck out under Rule 18(7) of the Industrial Tribunals Rules of Procedure for failure to comply with tribunal orders and directions

Ratio Decidendi

Strike-out was refused because, despite non-compliance with directions, both parties agreed a fair hearing was still possible, and less drastic measures were available to progress the claim.

Court Disposition

Respondent's application for strike-out refused.

Orders

Respondent to answer claimant’s Notices for Additional Information and Discovery by 7 March 2014.
Respondent to issue Notices for Additional Information by 20 February 2014.