Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 1586/08

CLAIMANT: Kevin McMullan

RESPONDENTS: 1. K + F Electrics

2. Kevin McCurdy

DECISION

The decision of the tribunal is that:-

(1) During the material period, the claimant was employed by the second-named respondent, Mr Kevin McCurdy.

(2) Upon the termination of employment, a redundancy payment of £1,276.46 was due to the claimant from Mr McCurdy. £956.46 of that amount has already been paid, leaving the sum of £320 still unpaid.

(3) The claimant was paid £300 in respect of notice pay by Mr McCurdy. However, the sum of £1,800 was due from Mr McCurdy to the claimant by way of notice pay. Accordingly, £1,500 is still owing. It is ordered that Mr McCurdy shall pay to the claimant the sum of £1,500 in respect of notice pay.

Constitution of Tribunal:

Chairman (Sitting Alone): Mr P Buggy

Appearances:

The claimant appeared in person.

The respondents had not lodged any response.

REASONS

1. At the end of the hearing, I issued my decision orally. At that time, I also gave oral reasons. What follows is a summary of those reasons.

2. In these proceedings, the claimant asserts that he has been paid only part of his entitlements in respect of notice pay and in respect of redundancy pay.

3. The claimant gave evidence at this hearing.

4. The claimant was born in January 1985. He was employed by Mr Kevin McCurdy, (trading under the name ‘K + F Electrics’) from 26 August 2001 until 15 August 2008. The claimant was given only one week’s notice of the termination of his employment. When the employment was terminated, the claimant was being paid £392 gross salary per week. At that time, his net weekly salary was £300 per week.

5. The claimant was entitled to six weeks’ notice in respect of the termination of his employment, because he had been employed by Mr McCurdy for more than six years. He was only given one week’s notice. Therefore, he is entitled to a total of £1,500 (five weeks’ net pay) in lieu of notice.

6. Because of the claimant’s age and length of service, he was entitled to a redundancy payment of £1,320, based on four weeks’ pay at £330 per week. (His redundancy pay is calculated on the basis of gross pay per week, but subject to a statutory maximum. At the date of termination of the claimant’s employment, the statutory maximum was £330 per week).

7. The claimant has already been paid a redundancy payment of £956.46 by Mr McCurdy. That leaves a gross balance of £363.54.

8. When Mr McCurdy made the redundancy payment to the claimant, Mr McCurdy asserted that he was entitled to deduct from that payment a sum in respect of the cost of a training course in which the claimant participated. Having heard the claimant’s evidence, I am satisfied that the claimant was never indebted to Mr McCurdy in respect of the cost of that training course.

9. However, as the claimant recognises, the sum of £43.54 has to be deducted from that gross balance (in respect of a payment, for materials supplied by Mr McCurdy, which the claimant acknowledges he owed to Mr McCurdy).

10. That leaves a net balance of £320 still owing from Mr McCurdy in respect of the redundancy payment.

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

Chairman:

Date and place of hearing: 29 April 2009, Belfast

Date decision recorded in register and issued to parties: