Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 362/07

CLAIMANT: Gary Jones

RESPONDENT: Homes of Stone Limited

DECISION

The decision of the tribunal is that the claimant did suffer an unlawful deduction from wages in the sum of £280.18. Furthermore, the claimant has received the correct amount of holiday pay from the respondent.

Constitution of Tribunal:

Chairman (sitting alone): Mrs P Smyth

Appearances:

The claimant appeared in person.

The respondent did not appear, nor did it submit a response form.

Reasons

1. The issue for the tribunal to determine is whether the claimant suffered an unlawful deduction from his wages in December 2006, and whether he received the correct amount of holiday pay upon termination of his employment.
2. The tribunal heard evidence from the claimant, and considered relevant bank statements and a letter prepared by the respondent setting out the respondent's assessment of monies due and owing at the date of termination of employment.
3. The tribunal is satisfied of the following facts on a balance of probabilities:-

(i) The claimant commenced his employment on 19 June 2006. His first payment for wages was made on 10 July 2006. Thereafter, monthly payment of wages was made on the following dates:-

14 August 2006;

15 September 2006;

17 October 2006 and 18 October 2006 in part payments;

7 November 2006; and

18 December 2006.

The claimant terminated his employment on 21 December 2006.

(ii) The claimant received a letter from the respondent along with his P45, setting out the respondent's calculation of monies due and owing to the claimant. The tribunal is satisfied that the respondent's calculation is inaccurate insofar as it is based on the premise that the claimant received seven monthly wage payments at the end of each calendar month from June to December 2006. The tribunal finds as a fact that the claimant received six monthly payments on the dates set out at Paragraph (i) above.

(iii) In the period 7 November 2006 – 21 December 2006 the claimant worked approximately 50 hours of overtime. No payment was made for that overtime. The claimant has calculated his net loss as £280.18. In the absence of any evidence to the contrary I am satisfied that the claimant suffered an unlawful deduction from his wages in the sum of £280.18.

(iv) The claimant also queried the amount of holiday pay which he received upon termination of employment. The respondent has paid him 7.19 days holiday pay. The claimant contended that no allowance was made for bank and public holidays in addition to the pro rata four weeks holiday entitlement.

(v) The claimant did not receive a contract of employment. In those circumstances, the claimant's full entitlement to holiday pay is four weeks which includes bank and public holidays. The claimant has therefore received his full holiday pay entitlement.

4. The claimant's claim for £280.18 for unpaid wages is upheld.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 18 May 2007, Belfast

Date decision recorded in register and issued to parties: