Industrial Tribunals Northern Ireland Decisions

 


McVeigh v Walsh & Anor (t/a Squires Panty) (Holiday Pay/Payment in Lieu/Redundancy) [2002] NIIT 02591_01 (9 July 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 02591/01

APPLICANT: Margaret McVeigh

RESPONDENT: John Walsh & Norman Lacey T/A Squires Pantry

DECISION

The applicant is entitled to holiday pay of £219.52 pay in lieu of notice of £274.40 and redundancy pay of £479.70. A total award of £973.62.

Appearances:

The applicant appeared in person.

The respondents were neither in attendance nor represented.

1. These reasons are given in summary form.
2. The applicant claimed unpaid holiday pay, pay in lieu of notice and a redundancy payment. The respondents did not enter Notices of Appearance.
3. The Tribunal was satisfied that the respondents had been notified of the hearing.
4. The title of the proceedings is amended to John Walsh and Norman Lacey T/A Squires Pantry.
5. The Tribunal made the following findings:-

(a) The applicant, who was born on the 25 May 1949, was employed by the respondents as an assistant supervisor from 3 May 1998 to 17 November 2000. Her weekly wage £159.90 gross £137.20 net.

(b) The first respondent dismissed the applicant on 17 November 2000 by reason of redundancy. Prior notice of dismissal or redundancy was not given to the applicant.

(c) The applicant started working 8 hours per day 3 days per week. In 1999 she increased her work to 4 days per week and from 1 January 2000 she worked 5 days per week. Her holiday entitlement was 20 days per year.

(d) The applicant's leave year ran from 1 January to 31 December.

(e) The applicant's holiday entitlement for 2000 was 18 days of which she had taken 10 days. She is entitled to compensation for 8 days holiday not taken that amounts to £219.52.

(f) The applicant was entitled to statutory notice of dismissal of 2 weeks. She was not given her statutory notice and is entitled to 2 weeks pay in lieu of notice that amounts to £274.40.

(g) The applicant was made redundant and was not paid any redundancy. She is entitled to statutory redundancy of 3 weeks' gross pay amounting to £479.70.

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 9 July 2002, Belfast

Date decision recorded in register and issued to parties: