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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCracken v Northern Health & Social Care ... [2014] NIIT 236_14IT (07 July 2014)
URL: http://www.bailii.org/nie/cases/NIIT/2014/236_14IT.html
Cite as: [2014] NIIT 236_14IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 236/14
CLAIMANT: Heather McCracken
RESPONDENT: Northern Health & Social Care Trust
DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is as follows:-
(1) Holiday Pay
The claimant’s holiday pay claim does not require amendment.
(2) Band 6 Deputy Pay Roll Manager
The claimant’s application to amend her equal pay claim to an unauthorised deduction from wages claim is granted.
The claimant’s equal pay claim which the claimant no longer wished to pursue is dismissed.
(3) Band 7 Deputy Pay Roll Manager
The claimant withdrew her equal pay claim in respect of the female Band 7 Deputy Pay Roll Manager and it is therefore dismissed.
The claimant’s application to amend her equal pay claim to include a claim in respect of a male Band 7 General Finance Manager is refused.
The claimant’s application to include an unauthorised deduction from wages claim is granted.
(4) Pay Roll Manager
The claimant’s application to amend her equal pay claim to include the specific dates upon which she acted up as Pay Roll Manager is granted.
(5) Deposit Pre Hearing Review
A Deposit Pre Hearing Review will take place before a different Employment Judge on Wednesday 20 August 2014 at 10.00am to consider whether:-
(a) the claimant’s holiday pay claim;
(b) the claimant’s Band 6 Deputy Pay Roll Manager unauthorised deductions from wages claim;
(c) the claimant’s Band 7 Deputy Pay Roll Manager unauthorised deduction from wages claim; and
(d) the claimant’s Pay Roll Manager equal pay claim;
have little reasonable prospect of success and, if so, whether the claimant should be ordered to pay a deposit not exceeding £500 in total in respect of the claims which are considered to have little reasonable prospect of success or a deposit not exceeding £500 in respect of each claim which is considered to have little reasonable prospect of success as a condition of proceeding and to receive a costs warning.
A Notice of Hearing will be issued in due course to the parties and will give them further information with regard to the Deposit Pre Hearing Review
Constitution of Tribunal:
President (sitting alone): Miss Eileen McBride CBE
Appearances:
The claimant appeared in person.
The respondent was represented by Ms C Tiffney, Solicitor, of The Regional Business Services Organisation.
REASONS
1. Holiday Pay
The Tribunal is satisfied that this claim does not require amendment as the claimant is entitled to refer to the additional information provided without an Order amending her claim. However, the claimant’s holiday pay claim will be considered at a Deposit Pre Hearing Review.
2. Band 6 Deputy Pay Roll Manager
The claimant is a Band 6 Deputy Pay Roll Manager and was assimilated on to the Band 6 pay scale at the lowest point 1 following Agenda for Change. The comparator relied upon by the claimant in her claim form was another female Band 6 Deputy Pay Roll Manager who was assimilated at the minimum point 4 of the Band 6 pay scale. When the claimant became aware that she could not rely on a female comparator for the purpose of an equal pay claim which is based on sex discrimination, she applied to amend her claim to include a male Band 6 Estates Officer who was also assimilated on to Band 6 at the minimum point 4. However, during this hearing, the claimant made it clear that rather than pursuing an equal pay claim in respect of the male Estate Officer, she wished her claim to be amended to proceed instead as an unauthorised deduction from wages claim on the ground that the respondent’s decision to assimilate her on to the Band 6 pay scale at the lower point 1 rather than the higher point 4 amounted to a continuing unauthorised deduction from wages.
The claimant’s application to amend her claim form to include an unauthorised deductions from wages claim is granted, without objection from the respondent, and her equal pay claim in respect of the Band 6 Deputy Pay Roll Manager is dismissed as the claimant indicated that she wished to pursue this matter by way of a claim in respect of unauthorised deductions from wages. The claimant’s unauthorised deductions from wages claim will also proceed to a Deposit Pre Hearing Review.
3. Band 7 Deputy Pay Roll Manager
In her claim form, the claimant who is a Band 6 Deputy Pay Roll Manager, sought equal pay with a female Band 7 Deputy Pay Roll Manager on the ground that they were performing like work. The claimant accepted that her comparator was not a valid comparator as equal pay is based on sex discrimination and withdrew that equal pay claim.
The claimant applied to amend her claim to include a claim that she was entitled to equal pay with a male Band 7 General Finance Manager whose employment ended on 31 October 2013, almost nine months after her amendment application was made on 23 May 2014. The tribunal is satisfied that this amendment application is not just an application to substitute one comparator with another in relation to the same post. It amounts to a new claim in respect of a different post and as it has been made outside the six months time limit for an equal pay claim and as the tribunal has no power to extend that time limit, save in exceptional circumstances which do not apply in this case, the claimant’s application to amend this equal pay claim is refused.
The tribunal granted, without objection from the respondent, the claimant’s application to amend her claim in respect of Band 7 Deputy Pay Roll Manager to include an unauthorised deductions from wages claim on the ground that the claimant contends that she was contractually entitled to be matched to Band 7 under Agenda for Change and that the respondent’s decision to match her to Band 6 amounts to continuing unauthorised deductions from wages. This claim of unauthorised deductions from wages will also proceed to a Deposit Pre Hearing Review.
4. Pay Roll Manager
The tribunal granted the claimant’s application to amend her equal pay in respect of the Pay Roll Manager post to include the specific dates upon which she acted up as Pay Roll Manager namely:-
6/4/09 - 24/4/09
5/5/09 - 7/8/09
9/6/10 - 12/7/11
without objection from the respondent.
This claim will also be considered at a Deposit Pre Hearing Review.
5. As set out in the decision above a Deposit Pre Hearing Review will take place on Wednesday 20 August 2014 at 10.00am
______________________________________
E McBride CBE
President
Date and place of hearing: 3 July 2014, Belfast
Date decision recorded in register and issued to parties: