Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REFS: 2376/04

2377/04

2389/04

2422/04

CLAIMANTS: Stephen Calderwood

David Calderwood

William Mahood (Senior)

John Crawford

RESPONDENTS: 1. William Mahood

2. Department for Employment & Learning

DECISION

The unanimous decision of the tribunal is that the second-named respondent is ordered (without objection) to pay the claimants the amounts set out in Paragraph 13. – 16. below.

Appearances:

The claimants appeared in person.

The first-named respondent did not appear and was not represented.

The second-named respondent was represented by Mrs Baird of the Department.

The issues to be decided

1. By their claims, which were given the reference numbers set out in Appendix 1 hereto, the claimants claimed their employment had been summarily terminated on 8 April 2004 when the first-named respondent made them redundant owing to his bankruptcy. Thus they claimed a redundancy payment, and pay in lieu of notice. No notice of appearance/response was ever presented by the first-named respondent. The second-named respondent came on record on 23 February 2005. The issue to be decided was whether the claimants were entitled to a redundancy payment, pursuant to Articles 201 and 227 of the Employment Rights (Northern Ireland) Order 1996 ["the 1996 Order"], and to pay in lieu of notice and unpaid holiday pay, pursuant to Article 229(1) of the 1996 Order.

Sources of evidence

2. The claimants each gave sworn evidence, which was not challenged by the second-named respondent.

Findings of fact

3. The second respondent came on record in these proceedings on 23 February 2005, and thereby set out the sequence of events upon which these findings are based. The first-named respondent was declared bankrupt on 12 March 2004, and the Official Receivers were appointed Trustees. The claimants made application to the second-named respondent for redundancy payments and insolvency payments from the statutory fund. These claims were made on 19 May 2004. However, the Official Receiver and the Department were unable to obtain the necessary documentary evidence to support the claimant's claims, and thus the second-named respondent was compelled to reject their applications for payments from the statutory fund. The second-named respondent had no doubt that the claimants were entitled to the payments they sought by order of the tribunal, and did not challenge same.
4. Stephen Calderwood, the first-named claimant, was employed by the first-named respondent from 6 April 1998 to 8 April 2004. He earned £209.00 gross per week and £198.00 per week net. His date of birth is 12 December 1978. He was made redundant by reason of the first-named respondent's bankruptcy on 8 April 2004, on which relevant date he had six full years service. It was agreed that he was entitled to a redundancy payment comprised as follows:-

£209.00 x 4.5 weeks = £940.50

5. On 8 April 2004, Stephen Calderwood was dismissed without notice. He was entitled to six week's notice or six week's pay in lieu of notice (£209.00 x 6 = £1,254.00). Moreover, he was owed 5.26 holidays at a daily rate of pay of £41.80. Thus, his holiday pay due was £219.87. The total amount claimed by Stephen Calderwood from the statutory fund was thus £2,414.37. He received none of these payments from either respondent.
6. David Calderwood, the second-named claimant, was employed by the first respondent from 6 April 1998 to 8 April 2004. He earned £209.00 gross per week and £198.00 per week net. His date of birth is 28 August 1967. He was made redundant by reason of the first-named respondent's bankruptcy on 8 April 2004, on which relevant date he had six full years service. It was agreed that he was entitled to a redundancy payment comprised as follows:-

£209.00 x 6 x 1 = £1,254.00

7. On 8 April 2004, David Calderwood was dismissed without notice. He was entitled to six week's notice or six week's pay in lieu of notice (£209.00 x 6 = £1,254.00). Moreover, he was owed 5.26 holidays at a daily rate of pay of £41.80. Thus, his holiday pay due was £219.87. The total amount claimed by David Calderwood from the statutory fund was thus £2,727.87. He received none of these payments from either respondent.
8. William Mahood (Senior) is the third-named claimant. He was employed by the first-named respondent from 9 October 1997 to 8 April 2004. He earned £209.00 gross per week and £198.00 per week net. His date of birth is 6 February 1948. He was made redundant by reason of the first-named respondent's bankruptcy on 8 April 2004, on which relevant date he had six full years service. It was agreed that he was entitled to a redundancy payment comprised as follows:-

£209.00 x 9 = £1,881.00

9. On 8 April 2004, William Mahood (Senior) was dismissed without notice. He was entitled to six week's notice or six week's pay in lieu of notice (£209.00 x 6 = £1,254). Moreover, he was owed 5.26 holidays at a daily rate of pay of £41.80. Thus, his holiday pay due was £219.87. The total amount claimed by William Mahood (Senior) from the statutory fund was thus £3,354.87. He received none of these payments from either respondent.
10. John Crawford is the fourth-named claimant. He was employed by the first-named respondent from 28 September 1997 to 8 April 2004. He earned £209.00 gross per week and £198.00 per week net. His date of birth is 8 May 1960. He was made redundant by reason of the first-named respondent's bankruptcy on 8 April 2004, on which relevant date he had six full years service. It was agreed that he was entitled to a redundancy payment comprised as follows:-

£209.00 x 7.5 = £1,567.50

11. On 8 April 2004, John Crawford was dismissed without notice. He was entitled to six week's notice or six week's pay in lieu of notice (£209.00 x 6 = £1,254). Moreover, he was owed 5.26 holidays at a daily rate of pay of £41.80. Thus, his holiday pay due was £219.87. The total amount claimed by John Crawford from the statutory fund was thus £3,041.37. He received none of these payments from either respondent.

Applicable law

12. The applicable law in respect of the claims made out by the claimants is to be found in Articles 118(1) - (3), 180, 190, 201,227 and 229 of the 1996 Order. The parties have agreed the following amounts be ordered payable to the claimants by the second-named respondent, pursuant to Rule 28 of Schedule 1 to the Industrial Tribunals (Constitution & Rules of Procedure) Regulations (Northern Ireland) 2005 ["the 2005 Rules"].

The decision of the tribunal

13. Pursuant to Articles 201 – 229 of the 1996 Order, the second-named respondent is ordered (without objection) to pay Stephen Calderwood (Case Reference No: 2376/04) the following amounts:-

(a) Redundancy payment £ 940.50

(b) Pay in lieu of notice £1,254.00

(c) Holiday pay £ 219.87

TOTAL £2,414.37

14. Pursuant to Articles 201 – 229 of the 1996 Order, the second-named respondent is ordered (without objection) to pay David Calderwood (Case Reference No: Ref 2377/04) the following amounts:-

(a) Redundancy payment £1,254.00

(b) Pay in lieu of notice £1,254.00

(c) Holiday pay £ 219.87

TOTAL £2,727.87

15. Pursuant to Articles 201 – 229 of the 1996 Order, the second-named respondent is ordered (without objection) to pay William Mahood (Senior) (Case Reference No: 2389/04) the following amounts:-

(a) Redundancy payment £1,881.00

(b) Pay in lieu of notice £1,254.00

(c) Holiday pay £ 219.87

TOTAL £3,354.87

16. Pursuant to Articles 201 – 229 of the 1996 Order, the second-named respondent is ordered (without objection) to pay John Crawford (Case Reference No: 2422/04) the following amounts:-

(a) Redundancy payment £1,567.50

(b) Pay in lieu of notice £1,254.00

(c) Holiday pay £ 219.87

TOTAL £3,041.37

17. No further or other Order was sought, and no further direction is made.
18. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 24 June 2005, Belfast

Date decision recorded in register and issued to parties:

APPENDIX 1

Claimant Tribunal Ref No.

19. Stephen Calderwood 2376/04
20. David Calderwood 2377/04
21. William Mahood Snr 2389/04
22. John Crawford 2422/04