Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Armstrong v O'Neill [2009] NIIT 777_08IT (14 January 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/00777.html
Cite as: [2009] NIIT 777_8IT, [2009] NIIT 777_08IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 777/08

CLAIMANT: Rose Bernadette Armstrong

RESPONDENT: Liam O’Neill

DECISION

The decision of the tribunal is that the respondent shall pay the claimant a redundancy payment in the sum of £638.25.

Constitution of Tribunal:

Chairman (Sitting Alone): Ms Bell

Appearances:

The claimant appeared in person.

The respondent was not present and was not represented.

1. The claimant complained in her claim that she had not received a redundancy payment following closure of the respondent’s business and assurance from the respondent that she would be paid.

2. No response to the claim has been accepted from the respondent in accordance with the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.

ISSUE

3. The issue for the tribunal was whether the claimant was entitled to a redundancy payment.

EVIDENCE

4. The tribunal considered the claim, documentation handed in by the claimant, and heard oral evidence from the claimant.

FINDINGS OF FACT

5. The claimant, born on 28 December 1972, was employed by the respondent as a care assistant from 27 October 2002 in Antrim Care Private Nursing Home until the respondent decided to cease carrying on his business on 31 October 2007.

The respondent gave the claimant notice of termination of her employment by letter dated 28 September 2007.

The claimant was contracted to work 23 hours per week at £5.55 gross per hour.

The claimant following termination of her employment on 31 October 2007, wrote to the respondent within six months, seeking a redundancy payment and received a letter subsequently from the respondent dated 26 November 2007 assuring her that a redundancy payment would be made, the claimant had not as at the hearing date heard from the respondent since.

THE LAW

6. Article 170 of the Employment Rights (Northern Ireland) Order 1996 provides that an employer shall pay a redundancy payment to any employee of his if the employee is dismissed by the employer by reason of a redundancy.

7. Under Article 174 of the 1996 Order an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to the fact that his employer has ceased or intends to cease to carry on the business for the purposes of which the employee was employed by him, or to carry on that business in the place where the employee was so employed.

8. Article 197 of the 1996 Order sets out how the amount of a redundancy payment shall be calculated.

APPLICATION OF LAW TO THE FACTS

9. The tribunal is satisfied from the claimant’s undisputed oral and documentary evidence that the claimant was dismissed by reason of redundancy the respondent having ceased to carry on his business for the purposes of which the claimant was employed on 31 October 2007.

10. At 31 October 2007 the claimant had five complete years of service during which period the claimant was over 22 years of age. The claimant is accordingly entitled to a redundancy payment calculated as follows:-

5 x £127.65 x 1 = £638.25

11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.

Chairman:

Date and place of hearing: 17 October 2008, Belfast

Date decision recorded in register and issued to parties: