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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Bunting v W.Speers & Co. Ltd [2010] NIIT 475_10IT (16 June 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/475_10IT.html
Cite as: [2010] NIIT 475_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF:475/10
CLAIMANT: Robert James Bunting
RESPONDENT: 1. W. Speers & Co. Ltd
2. Redundancy Payment Service
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to a redundancy payment of £10,194.00
Constitution of Tribunal:
Chairman (sitting alone): Mrs M Watson
Appearances:
The claimant attended and represented himself
The respondent did not appear and was not represented.
Ms Blair from DEL was also present to assist the tribunal.
Issue
1. Was the claimant entitled to receive a redundancy payment and if so, the amount of that payment.
Facts
2. The claimant was employed by the respondent from 10 September 1991, initially as an apprentice and latterly as an electrician until he was informed on 4 January 2010 that the company was ceasing to trade.
3. At the date of termination, the claimant received payment for one week’s notice and two weeks holiday pay. He had been owed a further week’s pay and 2 week’s holiday pay.
4. The claimant began working for the respondent when he was aged 16 and is now aged 34 years. He had been employed for 18 years. He was paid £418.00 gross, £321.00 net.
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 and holiday pay. 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
15 weeks @ £380.00 = £ 5,700.00
Notice pay ( 1 week paid by respondent)
11 weeks @ £ 321.00 = £ 3,531.00
Holiday Pay and arrears of wages
3 weeks @ £321.00 = £ 963.00
. Total £10,194.00
8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990
Chairman:
Date and place of hearing: 19 May 2010, Belfast
Date decision recorded in register and issued to parties: