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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Hughes v Fred Cameron t/a Cameron Elect... [2010] NIIT 1945_10IT (08 December 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/1945_10IT.html
Cite as: [2010] NIIT 1945_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1945/10
CLAIMANT: Ashley Samuel Hughes
RESPONDENT: Fred Cameron t/a Cameron Electrics
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment, notice pay and arrears of wages of £8,070.20.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Margaret Watson
Appearances:
The claimant attended and represented himself.
The respondent did not appear and was not represented.
Facts
1. The claimant was employed by the respondent from 4 January 1999 as an electrician until he was informed on 15 January 2010 that the company had ceased trading.
2. At the date of termination, the claimant did not receive any notice payment and was not paid his wage for 4 – 8 January 2010.
3. The claimant was aged over 22 years throughout his ten years of employment. He was paid £485.25 gross, £388.20 net per week.
4. The claimant’s original claim form had been lost in the post but he was able to produce evidence that his first claim had been posted before the expiry of the statutory time limit. The tribunal was satisfied that these proceedings had been lodged as soon as was practicable after the claimant became aware that the original claim form had not been delivered and extends the time limit for the lodgement of proceedings to 16 August 2010. The claim is in time.
Legal Provisions
5. Under the provisions of the Employment Rights (Northern Ireland) Order 1996, an employee who is made redundant, as defined in Article 174, is entitled to receive a redundancy payment. This is calculated in accordance with Article 197 by reference to the employee’s age and length of service subject to a two year qualifying period. There is also a cap on the amount of a week’s pay for the purpose of this calculation. At the relevant date in this case, that cap was £380.
6. Employees are also entitled to payment of any sums owed to them at the date of termination in respect of arrears of wages. In addition, Article 118 provides that an employee is entitled to one week’s notice for each year worked up to a maximum of 12 years.
Tribunal’s Determination
7. Applying these provisions to the above facts, the tribunal determines that the claimant’s entitlement is as follows:
Redundancy Payment
10 weeks @ £380.00 = £3,800.00
Notice pay
10 weeks @ £ 388.20 = £3,882.00
Arrears of wages
1 weeks @ £388.20 = £ 388.20
Total = £8,070.20
8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990
Chairman:
Date and place of hearing: 23 November 2010, Belfast
Date decision recorded in register and issued to parties: