Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 318/08

CLAIMANT: Catherine Nicola Clayton

RESPONDENT: Billy Bird Hair Consultants

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to statutory redundancy pay, payment in respect of the statutory minimum period of notice and payment in respect of untaken annual leave as calculated below in the total sum of £3785.10.

Constitution of Tribunal:

Chairman: Mr N Kelly

Members: Mr J Law

Mrs E Gilmartin

Appearances:

The claimant appeared in person and was unrepresented.

The respondent had not entered a response to the claim and did not appear.

1. The name of the respondent is changed to Billy Bird of 56 South Street, Newtownards.

2. The claimant was born on 30 November 1983. She started work for Wendy McCormick in April 2000, age 16, as a hair stylist in a hairdressing business run by Mrs McCormick.

2. That business was taken over by the respondent in April 2007. The claimant was retained in employment and the Tribunal concludes that this was a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
3. The respondent did not provide the claimant with any pay slips during her period of employment despite being asked by the claimant to do so. Income Tax and National Insurance Contributions had been paid in respect of the claimant by the previous owner of the business up to the date of the transfer in April 2007. The claimant received £230 net per week. In the absence of any evidence as to the precise figure for gross weekly wages, the Tribunal has, doing its best on the evidence to hand, fixed that figure at £265 per week.
4. The claimant's last day at work was 12 January 2008. The respondent paid her wages up to that date and told her the shop was closing. No notice pay or holiday pay was paid.
5. The Tribunal concludes that the claimant is entitled to a statutory redundancy payment, payment in respect of the statutory minimum notice period and payment in respect of untaken annual leave as calculated below;

Statutory Redundancy Payments

2 years @ x 1 ½ weeks pay per year = 3 weeks pay

5 years @ x ½ weeks gross pay = 2 ½ weeks pay

Total 5 ½ weeks x 265 = £1457.50p.

Notice Pay

7 weeks x £230 = £1610.00

Holiday Pay

The claimant's annual leave year commenced in April and in the absence of precise evidence the Tribunal assumes that it commenced on 15 April each year and the claimant was entitled to 4 weeks statutory minimum annual leave. In the relevant leave year, the claimant had worked for 39 weeks and had therefore accumulated an entitlement to 3.12 weeks annual leave.

3.12 x 230 = £717.60

7. The Tribunal concludes that the total amount payable is therefore £3785.10.

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

Chairman:

Date and place of hearing: 30 July 2008, Belfast

Date decision recorded in register and issued to parties: