Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   6218/09

 

 

 

CLAIMANT:                      Joan Garrett

 

 

RESPONDENT:                Security Guard Company Solutions (NI) Ltd

 

 

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DECISION

The decision of the tribunal is that the claimant is entitled to a redundancy payment from the respondent in the sum of £4,200. 

 

Constitution of Tribunal:

Chairman (sitting alone):           Mr N Drennan QC

 

Appearances:

The claimant appeared in person and was not represented.

The respondent did not appear and was not represented.

 

Reasons

 

1.1           The claimant presented a claim to the tribunal on 24 June 2009, for a redundancy payment from the respondent.  The respondent did not present a response to the said claim.

 

1.2           The claimant gave oral evidence to the tribunal.  In the course of her evidence, it became apparent that she also believed that she may be owed other sums from the respondent, including notice pay and/or outstanding pay and/or holiday pay.  The claimant declined to make any application to amend her claim to include a claim for some or all of the above sums.  She informed me she had given relevant details in order to make a claim to the Department for Employment and Learning (Redundancy Payments Branch).  It will be a matter for the Department whether the alleged or any sums are payable to the claimant by the Department.

 

 

2.1           The tribunal made the following findings of fact, as set out in the following           sub-paragraphs:-

 

(1)      The claimant was born on 2 December 1955.  She was initially employed as a security guard from in or about the second half of 2000 by J M Securities Limited, but following a series of relevant transfers and/or change of name, this company was transferred to Security Guard Company (NI) Ltd and finally in or about 2008/2009 to Security Guard Company Solutions (NI) Ltd, the respondent in this matter.  On or about 30 March 2009, the claimant was informed by her manager that the company no longer existed and that there was no other work for her in the circumstances from that date. 

 

(2)      On 30 March 2009, the claimant was earning approximately £400 (gross) per week. 

 

3.1     The Employment Rights (Northern Ireland) Order 1996, insofar as relevant, provides as follows:-

 

“Article 170

 

(1)     An employer shall pay a redundancy payment to any employee of his, if the employee is dismissed by the employer by reason of redundancy.

 

          Article 174

 

(1)     For the purposes of this 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 –

 

(a)            the fact that his employer has ceased or intends to cease –

 

(i)              to carry on the business for the purposes of which the employer was employed by him;

… .”

 

4.1           In light of the facts found, as set out above, I am satisfied the claimant was dismissed on 30 March 2009 by the respondent by reason of redundancy, and that the claimant’s dismissal on that date was wholly attributable to the respondent ceasing to carry on the business for the purposes for which the claimant was employed by the respondent.

 

The claimant is therefore entitled to a redundancy payment of £4,200.

 

Calculation of redundancy payment

 

12 x £350 (taking into account the statutory cap)         -         £4,200

 

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

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:         30 September 2009, Belfast

 

 

Date decision recorded in register and issued to parties: