Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 606/08

CLAIMANT: Philip Thompson

RESPONDENT: Department for Employment & Learning

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to payment of certain unpaid holiday pay amounting to a sum of £927.52 as calculated below.

Constitution of Tribunal:

Chairman: Mr Cross

Panel Members: Mr Smyth

Mr Laughlin

Appearances:

The claimant appeared in person and represented himself.

The respondent was represented by Mrs Patricia Baird of the respondent Department.

The Evidence

1. The claimant gave evidence to the tribunal and produced a bundle of supporting documents. The respondent also produced a bundle of documents.

Findings of Fact

2. Upon the claimant's employer, Plastic Recycling Solutions NI Limited ("the company"), going into voluntary liquidation on 19 October 2007, the claimant made a claim to the respondent for certain unpaid monies due to him, for loss of wages and unpaid holiday pay. These monies are to be paid out of the National Insurance Fund.
3. The unpaid wages were agreed and the only money now claimed by the respondent relates to holiday pay.
4. Under his contract of employment, the claimant was entitled to 25 days annual leave in addition to statutory public holidays. In the holiday year of 1 January 2007 to 31 December 2007, the claimant took no holiday. On 15 October 2007 the claimant and his line manager Mr McNamara agreed on the claimant's leave entitlement for the year. The company would "buy back" one weeks leave from the claimant and this was paid to him that week. Of the remaining 20 days, one week of 5 days would be carried over to 2008 and the other 15 days would be taken by the clamant before the end of 2007.
5. The company went into voluntary liquidation and the claimant's employment ended on 19 October 2007. At that date he had not taken any days holiday, save for the 5 days he had sold back to the company. In the full year he would have been entitled to 25 days (including those 5). Because his employment ended on 19 October he is entitled to 19.96 days, the agreed pro rata number for working part of the year. The claimant earned £350.00 per week net. The statutory maximum pay that can be paid at present to a claimant by the National Insurance Fund is £310.00 per week, a daily rate of £62.00.

Decision

6. The tribunal hold that the claimant is entitled to unpaid holiday pay, which resulted from the liquidation of his employer. He had been paid for 5 days of his entitlement of 25 days and the agreement that he would carry forward to the next year, 5 days holiday could not be implemented, so the sum to which he is entitled is as follows:-

19.96 days @ £62.00 per day £1237.52

Less 5 days @ £62.00 per day £ 310.00

________

Total due by respondent £927.52

Chairman:

Date and place of hearing: 11 August 2008, at Londonderry

Date decision recorded in register and issued to parties: