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following information is reproduced for information only
It
does not originate from the MOD or the Aftercare Service
Part
Time Payment
With effect
from 1st July 2000 PT Worker's Legislation was introduced to allow
PT workers to claim Pension Rights, paid leave etc on a 'pro-rata'
basis. A few sample cases were taken against the MoD in 2001.
However, when disbandment was announced on 1st Aug 2005 and details
of the settlement packaged for the R IRISH (HS) was announced
a further 1070 cases were then taken against the MoD by R IRISH
(HSPT) members so these cases have been running since 2001. The
legal costs involved were provided by the 1070 ex members who
took the case forward and legal representation was provided by
McCartan, Turkington and Breen who are
based in Belfast.
Early in 2008 the MoD
approached the HSPT Management Committee with a view to coming
to an amicable settlement. Based on the legal advise available
to the 1070 PT members an agreement to settle the cases was
reached in late 2008.
The MoD have refused
to pay out any pension but have agreed to pay a one off lump sum
payment to each individual who submitted claims in time and through
the correct redress process. All individuals have now received
an offer of settlement in May/June 2009 and these are in the process
of being returned for payments to be paid out presenting due course.
It is anticipated that all payments will be completed received
by early Dec 09 with soldiers being paid alphabetically followed
by the Officers being paid last.
Claim
Requirements
In order
to submit a claim PT members MUST have:
- Been
serving in the HSPT on or after the date the legislation
became law on 1st Jul 2000
- Submitted
a Redress of Complaint against their employer (in
this case the MoD) within 3 months of the wrong
being known by them if
still serving or within 6 months of leaving the
employment (this is a
legal requirement otherwise the claim is not admissible).
- Submitted
an Industrial Tribunal (IT1) form to the Employment
Tribunal within 6 months of leaving the employment
or if still serving
they can submit the IT1 after 28 days of submitting
the Redress but the
IT1 must be served on the Tribunal within 6 months
of the wrong
occurring.
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Question |
Answer |
1 |
Why
was the Redress of Grievance policy was not made known
to me? |
Details
of the Redress procedure were regularly published on
Part One Orders. It was up to individuals to read Orders
and take appropriate action. |
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2 |
Can
I make a claim now? |
You can
try to but it is most likely that your claim will fail
as the six month time bar will apply. You should obtain
your own legal advice before you do so.
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3 |
What
about those who have claimed and have
subsequently died? |
There are
a few cases like this which are being dealt with between
the MoD and the solicitors representing the 1,070 HSPT
members.
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4 |
How
much is each member going to receive? |
That is
confidential between the parties involved in the litigation.
Each individual's award will be different.
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5 |
I
served in the UDR (PT) can I
apply for
this award? |
No - see
2 above but also the legal team have advised that under
employment law there is no retrospectively so the date
of 1st July 2000 is as far back as anyone can go for
pension purposes.
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6 |
Can
an ex UDR (PT) and/or an ex R IRISH (PT) soldier who
served on or after 1st July 2000 now submit claims
for
this award?
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See 2 above
- it is unlikely that the MoD will consider people in
this position for an award as they did not commenced
the legal process in time. The MoD will claim that any
of these claims are 'out of time' - a
defence they have successfully used in some cases. |
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