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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Cleary v Janus Contracts Ltd [2010] NIIT 338_10IT (11 May 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/338_10IT.html
Cite as: [2010] NIIT 338_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 338/10
CLAIMANT: Paul Cleary
RESPONDENT: Janus Contracts Ltd
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment. The respondent shall pay the claimant £1,900.
Constitution of Tribunal:
Chairman (sitting alone): Ms Bell
Appearances:
The claimant appeared and represented himself.
The respondent did not appear and was not represented.
THE CLAIM
1. The claimant in his claim sought a redundancy payment having resigned from his employment following lay-off.
2. No response has been presented by the respondent.
ISSUE FOR TRIBUNAL
3. The issue for the tribunal was whether the claimant is entitled to a redundancy payment?
EVIDENCE
4. The tribunal considered the claim, documentation from the claimant and heard oral evidence from the claimant.
FINDINGS OF FACT
5. The claimant, born on 30 July 1979, was employed by the respondent as an interior designer from 26 March 2004 to work 40 hours per week. The claimant was paid £2,000 gross per month, being £1,450 net. The claimant did not receive a written contract of employment.
6. On 12 January 2009 the claimant was placed on temporary lay-off by the respondent for one week with a statutory guarantee payment.
7. On 30 January 2009 the respondent placed employees in its design department, including the claimant, on temporary lay-off until further notice. Thereafter the respondent did not provide the claimant work or pay him any remuneration.
8. On 19 November 2009 the claimant gave notice in writing to the respondent indicating his intention to claim a redundancy payment as he had been laid off for a period of more than four weeks.
9. The respondent replied to the claimant accepting his intention to claim redundancy by letter dated 30 November 2009.
10. By letter dated 30 November 2009 the claimant resigned, giving one weeks notice to terminate his employment with the respondent as a result of his lay-off for a period of more than four weeks, and claimed entitlement to redundancy. The claimant’s employment terminated on 8 December 2009.
11. The claimant again wrote to the respondent on 17 December 2009 seeking outstanding payments due to him including a redundancy payment of £1,900.
12. The claimant has not received a redundancy payment from the respondent.
THE LAW
13. Under Article 170 of the Employment Rights (Northern Ireland) Order 1996 an employee has the right to be paid a redundancy payment by his employer if he is eligible by reason of being laid off.
14. Under Article 182 of the 1996 Order an employee shall be taken to be laid off for a week if he is employed under a contract on terms and conditions such that his remuneration under the contract depends on his being provided by the employer with work which he is employed to do, but he is not entitled to any remuneration under the contract in respect of the week because the employer does not provide such work for him.
15. Article 183 of the 1996 Order sets out that an employee is eligible for a redundancy payment by reason of lay–off if he gives notice in writing to his employer indicating his intention to claim a redundancy payment in respect of lay-off and before service of the notice he has been laid off in circumstances where he has been laid off for four or more consecutive weeks of which the last was before the service of the notice.
16. Article 185 of the 1996 Order sets out that an employee is not entitled to a redundancy payment by reason of lay-off unless he terminates his contract of employment by giving the minimum required notice under his contract and otherwise one weeks notice.
17. How the amount of a redundancy payment shall be calculated is set out under Article 197 of the 1996 Order.
18. The maximum amount for the purpose of calculating a redundancy payment under Article 23 of the 1996 Order at the time of the claimant’s dismissal was £380.
APPLICATION OF LAW TO THE FACTS FOUND
19. The tribunal based on the claimant’s undisputed evidence is satisfied that the claimant was laid-off by the respondent as defined in Article 182 of the 1996 Order, that the claimant gave the required notice of intention to claim a redundancy payment under Article 183 and that the claimant resigned from his employment giving appropriate notice as required under Article 185. The tribunal finds that the claimant is entitled to be paid a redundancy payment by the respondent calculated under Article 197 as follows:-
1 x 5 x £380 = £1,900
20. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 12 April 2010, Belfast
Date decision recorded in register and issued to parties: