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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Grafton v Mapp Ltd [2010] NIIT 2011_10IT (24 November 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/2011_10IT.html
Cite as: [2010] NIIT 2011_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 2011/10
2013/10
CLAIMANTS: Beverley Grafton
Lorraine Megaw
RESPONDENT: Mapp Ltd
DECISION
The decision of the tribunal is that the respondent is ordered to pay:-
(i) to the first-named claimant the sum of £9,191.58, made up of £5,989.50 in respect of a redundancy payment and £3,202.08 in respect of a payment in lieu of notice; and
(ii) to the second-named claimant the sum of £2,112.75 made up of £1,140.00 in respect of a redundancy payment and £972.75 in respect of a payment in lieu of notice.
Constitution of Tribunal:
Chairman (sitting alone): Mr N Drennan QC
Appearances:
The claimants appeared in person and were not represented.
The respondent was represented by Mr Eamonn Fleming.
Reasons
1.1 The claimants each presented to the tribunal a claim for a redundancy payment and a claim for a payment in lieu of notice on 23 August 2010, having both sent to the respondent a written grievance by letter dated 9 June 2010, pursuant to the statutory grievance procedures contained in the Employment (Northern Ireland) Order 2003 and the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004. The respondent, who had replied to the said grievances by letter dated 29 June 2010, presented a response to each claim on 22 September 2010. In both replies to the grievances and in the said responses the respondent, in essence, did not dispute the claims of the claimants; but stated that, following the withdrawal of funding to the respondent by the International Fund for Ireland, the respondent was not able to pay to each of the claimants any sums claimed by them in respect of redundancy and a payment in lieu of notice.
1.2 At the hearing Mr Fleming, on behalf of the respondent, did not call any evidence and confirmed that he accepted the claimants were made redundant and each were entitled, upon their dismissal, to a redundancy payment and a payment in lieu of notice.
2.1 Having heard evidence from the first-named claimant, insofar as relevant and material, I found:-
(a) she was aged 54 at the date of dismissal and was employed by the respondent from 1 April 1998 to 26 May 20910. She received, at the date of her dismissal, £332.75 gross per week and £266.84 net per week.
2.2 In light of the foregoing, I was satisfied the first-named claimant was dismissed, without notice, on the grounds she was redundant and is therefore entitled to be paid by the respondent, and I so order, the sum of £9,191.58 made up as follows:-
(a) 18 x £332.75 = £5,989.50 (Redundancy payment)
(b) 12 x £266.84 = £3,202.08 (Payment in lieu of notice)
Total £9,191.58
3.1 Having heard evidence from the second-named claimant, insofar as relevant and material, I found:-
(a) She was aged 38 at the date of dismissal and was employed by the respondent from 3 May 2077 to 26 May 2010. She received at the date of her dismissal £411.75 gross per week and £324.25 net per week.
3.2 In light of the foregoing, I was satisfied the first-named claimant was dismissed, without notice, on the grounds she was redundant and is therefore entitled to be paid by the respondent, and I so order, the sum of £2,112.75, made up as follows:-
(a) £380.00 x 3 (taking into account the statutory maximum for ‘a week’s pay’) = £1,140.00 (Redundancy payment)
(b) £324.25 x 3 = £ 972.75 (payment in lieu of notice)
Total £2,112.75
4.1 This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 9 November 2010, Belfast
Date decision recorded in register and issued to parties: