Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 1566/07

CLAIMANT: Helen McCreight

RESPONDENT: JTM Enterprises Ltd

DECISION ON A PRE-HEARING REVIEW

The claimant has complied with the time limits set out in Article 199 of The Employment Rights (Northern Ireland) Order 1996 and consequently is entitled to claim a redundancy payment.

Constitution of Tribunal:

Chairman (Sitting Alone): Mrs A Wilson

Appearances:

The claimant appeared in person representing herself.

The respondent was represented by Ms McKernan, Barrister-at-Law, instructed by Thomas Taggart and Sons Solicitors.

Sources of Evidence

The tribunal heard evidence from the claimant. The respondent did not give evidence. The tribunal also has regard to the originating claim, the response and a letter handed in by the claimant dated 2 March 2007 and sent by the claimant to the respondent.

The Claim and Defence

The claimant claims the right to a redundancy payment by reason of the fact that her employment was terminated by reason of redundancy.

For the purpose of this hearing the respondent claims that the claimant is not entitled to a redundancy payment because she failed to comply with the time limits set out at Article 199 of The Employment Rights (Northern Ireland) Order 1996 within which to claim.

Findings of Relevant Fact

1. The claimant was employed by the respondent from 17 November 1995 until her dismissal with effect from 28 October 2006.
2. In their response (IT3) the respondent concedes that the claimant was dismissed by reason of the closure of the business.
3. The claimant made a claim for payment of redundancy entitlement in writing to the respondent on 2 March 2007.
4. The claimant made a number of efforts to obtain her redundancy entitlement including contacting Mr Magee of the respondent company by telephone and text. These efforts culminated in the letter of 2 March 2007 to Mr Magee.
5. The claimant's claim to an Industrial Tribunal was lodged on 23 August 2007.

The Law

Article 199(1) of The Employment Rights (Northern Ireland) Order 1996 provides as follows:-

(1) An employee does not have any right to a redundancy payment unless, before the end of the period of six months beginning with the relevant date -

(a) the payment has been agreed and paid,

(b) the employee has made a claim for payment by notice in writing given to the employer,

(c) a question as to the employee's right to or the amount of, the payment has been referred to an industrial tribunal, or

(d) a complaint relating to his dismissal has been presented by the employee under Article 145.

The relevant date for the purposes of these proceedings is 28 October 2006.

Decision

Ms McKernan conceded during the course of the claimant's evidence that the claimant has complied with Article 199(1) (b) of The Employment Rights (Northern Ireland) Order 1996 by her letter of 2 March 2006. The tribunal find this to be the case and consequently find that the claimant is entitled to claim her redundancy entitlement.

Chairman:

Date and place of hearing: 14 November 2007, Belfast

Date decision recorded in register and issued to parties: