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Tribunal judges have appealed to the Department for Communities to furlough them as they have been unable to work during the coronavirus pandemic.

Fee-paid judicial office holders are judges who sit on tribunals such as PIP tribunals and benefit appeals.

These judges are employed on a case-by-case basis and are paid by the day.

The Department for Communities said it did not accept that fee-paid judicial office holders have been unfairly treated.

Tribunals stopped being held in March when the lockdown began.

Hardship loan does not apply in Northern Ireland

The judges assumed they could be furloughed and could be placed on the government's job retention scheme but have been told that was not possible.

Some of the judges say they are now facing financial hardship and have asked the Department for Communities to step in.

A hardship loan for fee-paid judges has been announced for England and Wales but it does not apply to those in Northern Ireland and some benefit appeals are being carried out virtually there.

The �鶹Լ�� understands that a letter has been sent to the Department for Communities to begin legal action.

Speaking to the �鶹Լ��, one judge said: "It appears that England and Wales are well ahead of Northern Ireland in terms of setting up virtual and remote tribunal hearings for citizens who have benefit tribunals outstanding.

"Northern Ireland are also lagging behind in terms of financial support being offered to tribunal judges here, with no hardship fund announced yet," the judge said.

"It is hard to understand why substitute teachers in Northern Ireland are being paid a wage while the best that fee-paid judges might hope for is some sort of a loan.

"The Department for Communities and Minister Hargey have a duty to act swiftly, fairly and in the interests of equality and announce a support package for tribunal judiciary in the coming days, and more importantly announce how we can get back to work administering tribunals for the most vulnerable and marginalised in our society."

�鶹Լ�� News NI has seen an email which was sent to the judges explaining why the government's coronavirus job retention scheme would not apply to them.

The e-mail, from an official within the department, said that the scheme was not "available for tribunal members in light of the need for them to remain available for sittings either remotely or as and when restrictions begin to be lifted".

It said the scheme was designed to protect people from redundancies and that "since you are not at risk of redundancy as a result of the temporary cancellation of sittings due to Covid-19, the scheme cannot apply".

In response, the Department for Communities said that while tribunals had been suspended "it is planned that work will recommence in the near future, and accordingly the department takes the view that it was not, and is not, appropriate to furlough fee-paid judicial officer holders".

"The department is continuing to liaise with the Department of Justice and the Ministry of Justice in England and Wales on the issue of support for fee-paid judicial officers."