THE INDUSTRIAL TRIBUNALS

CASE REF:	02487/95 SD

CLAIMANT:			Mary C Fox

RESPONDENTS:		1.	Eastern Health & Social Services Board
				2.	Department of Health & Social Services

DECISION 

The claimant’s claim against the respondents and each of them that she has been excluded from membership from her employers’ pension scheme, because she was a part-time worker, is struck out under Rule 18(7)(d) of the Industrial Tribunals Rules of Procedure 2005 on the grounds that the claim has not been actively pursued.

Constitution of Tribunal:

Chairman:			Mr N Drennan QC 

REASONS	

1.	This is a complaint under Section 1(1) of the Equal Pay Act (Northern Ireland) 1970 and Article 141 of the Treaty of Rome, alleging the claimant was unlawfully excluded from membership of her employers’ pension scheme because she worked part-time and such exclusion was unlawful.

2.	However, the respondents contend that, at all material times, the claimant had been eligible to join the scheme, but did not do so, and has not suffered any loss in consequence of the rule excluding part-time workers in respect of the whole of the period of her claim; and that (following Preston & Others  v  Wolverhampton Health Care NHS Trust & Others (No 3) [2004] IRLR 96 EAT) her claim should be struck out under Rule 18(7)(b) of the Industrial Tribunals Rules of Procedure 2005, on the grounds that it has no reasonable prospect of success.

3.	By letter dated 23 May 2007, the claimant was requested to attend a Case Management Discussion on 2 July 2007 in relation to her said claim to enable the matter to be progressed in light of the respondents’ said contentions.  The claimant did not attend and was not represented at the said Discussion.

4.	By Notice under Rule 19 of the Industrial Tribunals Rules of Procedure 2005, dated 5 July 2007, the claimant was put on notice that the Chairman was proposing to make a decision to strike out, in the absence of the parties and without further notice or hearing, the claimant’s claim against the respondents and each of them in the above entitled matter, pursuant to Rule 18(7)(d) of the said Rules of Procedure on the grounds that the said claim had not been actively pursued; and she was invited to write to the Tribunal giving reasons on or before 20 July 2007, why the said decision should not be made.  The claimant has failed to give any reasons why the said decision should not be made on or before 20 July 2007; and further did not make any request for any hearing of this matter by the Tribunal.

4.	The claimant having failed to give any reasons why the decision should not be made or to request any hearing, I am satisfied, in light of the foregoing, that the claimant’s claim has not been actively pursued; and that in the circumstances, the claim of the claimant against the respondents should be struck out under Rule 18(7)(d) of the said Rules of Procedure.   	 

Chairman:

Date decision recorded in register and issued to parties: