Industrial Tribunals Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REF: 743/06

CLAIMANT: Ester Angela Todd

RESPONDENT: First Class Care Ltd

DECISION

It is ordered that the respondent shall pay to the claimant the sum of £3,546.25 (which is compensation in respect of unfair dismissal).

Constitution of Tribunal:

Chairman: Mr Buggy

Members: Mr Hampton

Mr McCusker

Appearances:

The claimant was represented by Mr K Doherty, c/o Employment Industrial Relations Services.

The respondent was represented by Mr P Moore, Peninsula Business Services Ltd.

REASONS

1. The above decision was issued orally at the end of a hearing which took place on 11 July 2007. Reasons were given orally at the time of issuing that decision.

The claims

2. In these proceedings, the claimant made two claims. First, she complained of the failure of the respondent to pay her notice pay to which she was entitled. Secondly,

she makes a complaint of unfair dismissal. She has abandoned the claim in respect of notice pay, leaving us dealing only with the claim of unfair dismissal.

The first decision

3. These proceedings were the subject of earlier hearings, which took place in November and December 2006. The parties were agreed that, at that stage of the case, the tribunal should deal only with issues relating to the question of whether or not the claimant was unfairly dismissed; whether there should be an uplift in respect of any compensatory award; whether there should be any reduction in the amount of any basic award; and whether there should be any reductions in the amount of any compensatory award.
4. A decision of the tribunal, dealing with all those issues, was promulgated on 16 April 2007. The present decision should be read in conjunction with that earlier decision ("the first Decision").

The elements of the award

5. The award of £3,546.25 consists of a basic award of £652.50, and a compensatory award of £2,893.75. The compensatory award is made up of the sum of £250 in respect of loss of statutory rights together with the sum of £2,643.75. The latter sum has been arrived at by the following process:

(1) The tribunal decided that the claimant's loss in respect of the period from 19 April to 20 June 2006 was £2,350.

(2) That amount was uplifted by 50%, pursuant to Article 17 of the Employment (Northern Ireland) Order 2003.

(3) The resulting sum was subject to a 25% reduction pursuant to Article 157(6) of the Employment Rights (Northern Ireland) Order 1996.

Recoupment of benefits from awards

6. The Recoupment Regulations apply. Attention is drawn to the notice below which forms part of the decision of the tribunal. The prescribed element is £2,643.75. The prescribed period is the period from 19 April 2006 to 20 June 2006. The compensation in respect of that period was reduced by 25% to take account of the claimant's contributory conduct. The amount by which the monetary award exceeds the prescribed element is £902.50.

Interest on industrial tribunal awards

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

Chairman:

Date and place of hearing: 11 July 2007, Belfast

Date decision recorded in register and issued to parties: