Industrial Tribunals Northern Ireland Decisions

 


Belch v Ards development Bureau & Community Network [2008] NIIT 200_07IT (22 January 2008)

THE INDUSTRIAL TRIBUNALS

CASE REF: 200/07

CLAIMANT: Kathryn Belch

RESPONDENT: Ards Development Bureau & Community Network

DECISION

The unanimous decision of the tribunal is that the claim is dismissed.

Constitution of Tribunal:

Chairman: Mrs Cooper

Members: Mr Kearney

Mr Kearns

Appearances:

The claimant appeared alone and was unrepresented.

The respondent did not attend the hearing but submitted written representations by letter dated 4 December 2007 which was viewed by the claimant and the tribunal.

1. The claimant submitted a claim to the Office of the Tribunals on 16 January 2007. A response was received from the respondent on 13 March 2007. Two preliminary hearings took place on 5 April 2007 and 9 August 2007 during which several issues were determined. The issue to be decided at the hearing before us was agreed with the claimant to be whether the claimant is entitled to pension payments from 2 January 2003 from the respondent. The respondent made pension payments from April 2005 to August 2006 amounting £703.22. The claimant argued that earlier payments should be made for the period 2 January 2003 to 7 April 2005 and that the respondent was in breach of contract by failing to make these payments.
2. The relevant law considered by the tribunal was the Industrial Tribunals (Northern Ireland) Order 1996 Article 5 and the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 2004. The tribunal found that the provisions of Article 59(2c) of the Employment Rights Order (Northern Ireland) 1996 prevented this application being determined as an unlawful deduction of wages.
3. The facts found by the tribunal were that the claimant commenced work with the respondent on 1 July 2001. A written contract was prepared for the period 2 January 2003 to 31 December 2005 which the claimant stated was used as the basis for the terms and conditions of employment although it was not formerly agreed and signed between the parties. The claimant referred to the issue of sickness payment which had been disputed.

The term of the contract relied upon by the claimant was:-

"(5) Pension Scheme

Ards Development Bureau & Community Network operates an optional contributory Personal Pension Plan (PPP). Details of this scheme will be made available on request. All staff may apply to join the Plan".

4. The tribunal found that the pension scheme did not come into being until 2006 and when the scheme was established the claimant received a payment from it and a backdated payment to April 2005 which was the longest period on offer. The tribunal found that the claimant did not apply for a pension payment until March 2006 when she met with an independent financial advisor. No previous application was made by her. The tribunal found that although the pension scheme was mentioned in the contract it was not in place for any period before 2006. The tribunal also found that it could not therefore come into operation for an earlier period as during that time it did not exist.

The tribunal further found that as the pension scheme did not exist and the claimant had made no claim to be included in the pension scheme, she was not entitled to receive a payment for any earlier period than she did. The tribunal found that the respondent did not breach the terms of her contract in failing to make payments for an earlier period and the application is rejected.

Chairman:

Date and place of hearing: 11 December 2007, Belfast.

Date decision recorded in register and issued to parties: