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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Gilmore v Janice F D Reynor [2010] NIIT 481_10IT (24 May 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/481_10IT.html
Cite as: [2010] NIIT 481_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 00481/10
CLAIMANT: Lisa Amanda Gilmore
RESPONDENT: Janice F D Reynor
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment, the respondent shall pay the claimant £888.00.
Constitution of Tribunal:
Chairman (Sitting Alone): Ms Bell
Appearances:
The claimant appeared and represented herself.
The respondent did not appear and was not represented.
1. The claimant in her claim complained that she had not received a redundancy payment from the respondent.
2. The respondent in her response confirmed that she did not intend to resist the claimant’s claim and that her business had ceased to trade on 24 November 2009.
ISSUE
3. The issue for the tribunal was whether the claimant is entitled to a redundancy payment.
EVIDENCE
4. The tribunal considered the claim, documentation handed in by the claimant, letter of 6 May 2010 from the respondent to the Office of the Industrial Tribunals confirming that she wished the hearing to proceed in her absence, and heard oral evidence from the claimant.
FINDINGS OF FACT
5. The claimant, born on 18 August 1981, was employed by the respondent as a senior hairstylist from 1 November 2006 until 24 December 2009 when her employment came to an end by reason of the respondent ceasing to trade on that date. The claimant was paid £296 gross per week by the respondent .The claimant has not received a redundancy payment from the respondent following termination of her employment.
THE LAW
6. Article 170 of the Employment Rights (Northern Ireland) Order 1996 provides that an employer shall pay a redundancy payment to any employee of his if the employee is dismissed by the employer by reason of a redundancy.
7. Under Article 174 of the 1996 Order an employee who is dismissed shall be taken to be dismissed by reason of a redundancy if the dismissal is wholly or mainly attributable to the fact that his employer has ceased or intends to cease to carry on the business for the purposes of which the employee was employed by him, or to carry on that business in the place where the employee was so employed.
8. Article 197 of the 1996 Order sets out how the amount of a redundancy payment shall be calculated.
APPLICATION OF LAW TO THE FACTS
9. The tribunal is satisfied from the claimant’s undisputed oral and documentary evidence supported by the respondent’s response, that the claimant was dismissed by reason of redundancy the respondent having ceased to carry on her business for the purposes of which the claimant was employed. On termination of her employment the claimant had three complete years of employment, during which she was over 22 years of age. Accordingly the claimant is entitled to a redundancy payment calculated as follows:-
3 x £296 x 1 = £888.00
10. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.
Chairman:
Date and place of hearing: 7 May 2010, Belfast
Date decision recorded in register and issued to parties