Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2945/04

APPLICANT: Jacqueline Margaret Hawkins

RESPONDENT: Elizabeth Townsley

DECISION

The unanimous decision of the tribunal is that the tribunal finds the applicant's complaints well-founded and orders the respondent to pay to the applicant the total sum of £1,103.25 in respect of redundancy pay and pay in lieu of notice.

Appearances:

The applicant appeared and represented herself.

The respondent did not attend and was not represented.

THE ISSUE

1. In her Originating Application the applicant contended that she had been employed by the respondent and had been dismissed. The applicant claimed a redundancy payment and pay in lieu of notice. There was no appearance to the applicant's complaint on the part of the respondent. Accordingly, the tribunal had to determine the applicant's complaint.

THE TRIBUNAL'S FINDINGS

2. The respondent employed the applicant in the capacity of a hairdresser. The applicant's employment first commenced on 1 February 2001. There was a take over of the employing business by the respondent whereby contractual continuity was provided for under the Transfer of Undertakings (Protection of Employment) Regulations 1981. On 6 August 2004, the respondent informed the applicant that she was closing the business for financial reasons and the applicant was summarily dismissed with effect from that date.

At the effective date of termination the applicant was paid £200.00 per week gross and her net weekly wage was £167.75. The applicant was aged 26 years. The tribunal did not require to determine any other material findings of fact.

THE TRIBUNAL'S DECISION

3. The tribunal, on the facts, finds that the respondent employed the applicant and that the employment came to an end on 6 August 2004 on grounds of redundancy with the closure of the respondent's business. In these circumstances the applicant is entitled to redundancy pay under the provisions of Article 170 of the Employment Rights (Northern Ireland) Order 1996. The applicant had completed three years of service at the effective date of termination and was aged twenty six. The applicant was also summarily dismissed without notice or wages in lieu of notice and would be entitled to pay in lieu of notice on that account. Article 118 of the Employment Rights (Northern Ireland) Order 1996 provides that the notice required to be given to the applicant by the respondent to terminate the contract of employment would be three weeks. Accordingly, the applicant would be entitled to three weeks pay in lieu of notice, there being no greater contractual entitlement.
4. The tribunal accordingly finds the applicant's complaint well-founded and orders the respondent to pay to the applicant as follows:-

Redundancy pay £200.00 x 3 = £ 600.00

Wages in lieu of notice £167.75 x 3 = £ 503.25

TOTAL = £1,103.25

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

Chairman:

Date and place of hearing: 16 March 2005, Belfast.

Date decision recorded in register and issued to parties: