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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Barron v Colin Howell [2010] NIIT 6897_09IT (05 January 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/6897_09.html
Cite as: [2010] NIIT 6897_09IT, [2010] NIIT 6897_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 6897/09
CLAIMANT: Vanessa Barron
RESPONDENT: Colin Howell
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to redundancy, notice and holiday payments to the total of £7658.00.
Constitution of Tribunal:
Chairman (Sitting alone): Mrs Watson
Appearances:
The claimant appeared in person
The respondent did not appear and was not represented
1. FACTS
(1) The claimant was employed by the respondent at the Causeway Dental Implant Studio from March 1999 until January 2009 as Practice Manager. She was then asked to continue her employment until the end of March 2009 dealing with the closure of the practice after the respondent had left.
(2) At the date of termination of her employment, 31 March 2009, the claimant had 10 years service during which time she was aged over 21 years. The claimant provided pay slips to the tribunal showing her salary was £498 per week gross, £378 net. She did not receive notice pay or holiday pay. She was entitled to receive a Redundancy Payment under Article 197 of the Employment Rights (Northern Ireland) Order 1996. The cap on weekly pay at the date of termination was £350.
(3) Under the Working Time Regulations employees are also entitled to holiday entitlement for each month of the leave year worked. In this case, the claimant worked for 3 months and is entitled to one quarter of her annual entitlement of 4 weeks.
2. DECISION
The claimant’s entitlement is as follows;
Redundancy Payment 10 x 1 x £350 = £3500.00
Notice Pay 10 x £378 = £3780.00
Holiday Pay 1 x £378 = £ 378.00
Total = £ 7658.00
3. INTEREST
This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.
Chairman:
Date and place of hearing: 30 November 2009, Belfast.
Date decision recorded in register and issued to parties: