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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Whyte v KMR Windows Ltd [2009] NIIT 5822_09IT (15 September 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/5822_09IT.html
Cite as: [2009] NIIT 5822_09IT, [2009] NIIT 5822_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 5822/09
CLAIMANT: Deborah Anne Whyte
RESPONDENT: KMR Windows Ltd
DECISION
The decision of the tribunal is that:-
(1) The claimant’s claim in respect of redundancy pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £3,500 in respect of redundancy pay.
(2) The claimant’s claim in respect of unpaid wages is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £432.55 in respect of unpaid wages.
(3) The claimant’s claim in respect of holiday pay is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £288.36 in respect of holiday pay.
(4) The claimant’s claim in respect of pay in lieu of notice is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £2,971.60 in respect of pay in lieu of notice.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant appeared in person.
The respondent was not represented.
REASONS
1. The respondent company is in severe financial difficulties, but has not gone into liquidation or into administration. The respondent has not presented a response in these proceedings.
2. At the end of the hearing, I issued my decision orally. At the same time, I gave my reasons orally. Accordingly, what follows are summary reasons only.
Facts
3. I made the following findings of fact. The claimant is in her 30s. She was employed by the respondent from October 1998 until 3 March 2009. On the latter date, she was dismissed, with immediate effect, because of the financial problems of the company. At the time of her dismissal, her gross weekly pay was £384.80 and her net weekly pay was £360.46.
The claims
4. In these proceedings, the claimant makes the following claims:-
(1) A claim of £3,848 in respect of redundancy pay.
(2) A claim of £461.76 in respect of unpaid wages.
(3) A claim of breach of contract in respect of unpaid holiday pay (a claim of £307.84).
(4) A claim of £3,848 in respect of notice pay.
The outcome
5. I considered the claimant to be an honest witness. I am satisfied that all of her claims are well-founded. However, I was unable to make awards in respect of the full sums sought, against the following background and for the following reasons.
Amount of redundancy pay
6. The claimant made a claim for 10 weeks redundancy pay, at £384 per week. However, entitlement to redundancy pay is based on a statutory weekly maximum. From February 2009 onwards, the relevant statutory weekly maximum was £350. Therefore, the claimant is entitled to £3,500 in respect of redundancy pay.
Unpaid wages
7. The claimant claims in respect of six days unpaid wages. However, in calculating her entitlement, I have to calculate on the basis of net wages. Accordingly, the claimant is entitled to £432.55 (based on net weekly wages of £360.46).
Holiday pay
8. The claimant claims in respect of four days holiday pay. In calculating her entitlement, I have to calculate on the basis of net wages. Accordingly, the claimant is entitled to £288.36 (based on net weekly wages of £360.46).
Notice pay
9. The claimant’s entitlement is an entitlement to 10 weeks net pay, after deduction of any social security benefits received, and also after deduction of any sums earned by the claimant, in respect of the notice period, from new employers.
10. Accordingly, the claimant is entitled to £2,971.60 in respect of notice pay. This is based on the following calculation. Ten weeks net pay is £3,604.60. From that, there must be deducted the sum of £573 in respect of jobseeker’s allowance received by the claimant during the notice period, and the sum of £60 wages (which the claimant received from a new employer). That leaves a net balance of £2,971.60 due from the respondent in respect of the claimant’s notice pay.
Interest
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 21 August 2009, Belfast
Date decision recorded in register and issued to parties: