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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Crumley v Patsy McCallion T/P.D. & G. Li... [2010] NIIT 06261_09IT (01 February 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/06261_09IT.html
Cite as: [2010] NIIT 06261_09IT, [2010] NIIT 6261_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 6261/09
CLAIMANT: James Crumley
RESPONDENT: Patsy McCallion T/P. D. & G. Limited Decorators
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to receive redundancy payment and notice payment totalling £6320.88.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Watson
Appearances:
The claimant attended accompanied by his wife.
The respondent attended accompanied by his accountant, Mr Nellis.
1. Issue for determination
Is the claimant entitled to any payment arising from the termination of his employment by the respondent on 9 January 2009 and if so, how much?
2. Decision
The claimant was employed by the respondent in his painting and decorating business from 2 June 1997 until the respondent dismissed him on 9 January 2009. The reason given by the respondent for the dismissal was redundancy because of the reduction in the volume of work available.
At the date of termination, the claimant was earning £243.75 gross, £209 net. He was aged over 41 years throughout the 11 years of his employment. On behalf of the respondent, Mr Nellis agreed that these facts were correct.
3. The relevant law
Under Article 174 (1) of the Employment Rights (Northern Ireland) Order 1996, an employee is dismissed by reason of redundancy where the requirements of the business for the employee to carry out work of a particular kind have diminished. A tribunal may determine that an employer is liable to make an appropriate payment to an employee where it appears that it is just and equitable to do so.
[Article 174 (3)].
Article 197 provides that the ‘appropriate payment’ is related to the employee’s age and length of service and is calculated by reference to the weekly wage of the employee up to a statutory limit.
In addition, the claimant was dismissed without notice. Article 118 of the 1996 Order provides that employees are entitled to receive payment of one week’s pay for each year worked. In this case, the claimant’s entitlement is as follows;
(i) Redundancy Payment : 11 x £243.75 x 1.5 = £4021.88
(ii) Notice Payment : £209 x 11 = £2299.00
Total entitlement = £6320.88
4. Interest
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.
Chairman:
Date and place of hearing: 13 January 2010, at Londonderry.
Date decision recorded in register and issued to parties: