FAIR EMPLOYMENT TRIBUNAL

CASE REF:	272/01 FET
2172/01

APPLICANT:		John Sheridan

RESPONDENT(S):		1.	Stephen Potts
2.	Safeway Stores PLC

DECISION

These Originating Applications are dismissed, the applicant having failed to comply with Orders for Discovery and Further Particulars dated 2 October 2001.

Notice of a hearing to consider the respondent’s request for the Originating Applications to be struck out for failure to company with the Orders for Discovery and Further Particulars was sent to the applicant on 3 September 2002.  This hearing took place on 14 October 2002.  The applicant was neither present nor was he represented.

By Notice dated 17 October 2002 the applicant was put on notice that his Originating Applications would be struck out unless he complied with the Orders for Discovery and Further Particulars within a further period of 14 days.

By telephone call on 7 November 2002 the respondent’s representative indicated that the applicant had failed to comply with the Orders.

I am satisfied that the applicant’s continued failure to comply with the Orders for Further Particulars and Discovery is deliberate and leaves the respondents in the position that they do not know the case being made against them and are unable therefore to prepare their own case for trial.

In the circumstances and because of the applicant’s continued failure to comply with the Orders the Originating Applications are hereby dismissed.

Chairman:

Date:		November 2002

Date decision recorded in register and issued to parties: