Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 432/08

CLAIMANT: Stephen Boyles

RESPONDENT: Ministry of Defence

DECISION ON A PRE-HEARING REVIEW

The decision of the industrial tribunal is that it does not have jurisdiction to hear this claim, because:-

1. the claimant did not have part-time service in the Royal Irish Regiment Home Service on or after 1 July 2000 and therefore did not satisfy the pre-condition for a valid claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000; and

2. he did not present his claim within the time-limit laid down by Regulation 8 of the above Regulations and it is not just and equitable, in all the circumstances of the case, for the tribunal to consider the complaint.

Constitution of Tribunal:

Chairman (sitting alone): Mr D Buchanan

Appearances:

The claimant did not appear.

The respondent was represented by Ms S Bradley, Barrister-at-Law, instructed by The Treasury Solicitor’s Office.

1. This matter was listed for a pre-hearing review to consider the following issues:-

“(i) Whether the claimant had part-time service in the Royal Irish Regiment Home Service on or after 1 July 2000 and therefore satisfied the pre-condition for a valid claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000.

(ii) Whether the claimant has presented his claim to an industrial tribunal within the time specified by Regulation 8 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000, and if not, whether in all the circumstances of the case it is just and equitable for the tribunal to consider the complaint”.

2. The claimant did not appear. Notice of Hearing was sent to him on 10 September 2008. It was not returned to the Office of the Tribunals. I decided to determine this matter in his absence, and in doing so, had regard to his claim form where appropriate.

3. I find the following facts:-

(i) His claim form was presented on 5 March 2008.

(ii) As all part-time soldiers in the Royal Irish Regiment Home Service left that service on or before 31 March 2007, the claim is clearly outside the enhanced six months time-limit laid down by Regulation 8 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000.

(iii) In the absence of evidence from the claimant, and any relevant information in his claim form, there is no material before me on which I can consider exercising my discretion to extend the time for bringing his complaint, and I decline to do so.

This being so, the tribunal does not have jurisdiction to determine the claim.

4. Furthermore, I am satisfied from the oral evidence of Ms Fiona McCulloch, a Senior Executive Officer at the Army Personnel Centre in Glasgow, and from documentary records produced by her, that the claimant did not have any part-time service in the RIR on or after 1 July 2000.

For this reason also, the tribunal does not have jurisdiction to determine his complaint.

Chairman:

Date and place of hearing: 24 October 2008, Belfast

Date decision recorded in register and issued to parties: