Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  07176/09

 

 

CLAIMANT:                      David Graeme Mace

 

 

RESPONDENTS:              1.  The Laptop Shop (Belfast) Ltd

2.  Robert Brennan

 

 

DECISION

The unanimous decision of the tribunal is that the first-named respondent shall pay the claimant £710.78 in respect of leave entitlement due to him on termination of his employment. 

 

 

Constitution of Tribunal:

Chairman:              Ms Bell

Panel Members:     Mr O’Hea

                              Mr Lowden

 

Appearances:

The claimant appeared in person.

The respondent did not appear and was not represented.

 

 

 1.      The title of the respondent shall be amended from Robert Brennan “The Laptop Shop” to 1. The Laptop Shop (Belfast) Ltd 2. Robert Brennan.

 

 2.      The claimant in his claim complained of breach of contract, the respondent not having paid him in respect of holidays not taken on termination of his employment.

 

3.             No response has been received from either respondent. 

 

 

 

ISSUES

 

 4.      The issue for the tribunal is whether the respondent has breached the claimant’s contract of employment by failing to pay him in lieu of leave entitlement not taken on termination of his employment.

 

 

EVIDENCE

 

 

 5.      The tribunal considered the claim, documentation handed in by the claimant and heard oral evidence from the claimant. 

 

FINDINGS OF FACT

 

 6.      The claimant was employed by the first-named respondent as a full-time sales advisor on 8 December 2008, to work five days per week for £15,000 per annum, being £253.85 net per week.  On commencement of his employment the claimant signed a contract and was given a copy, his contract provided for him to receive a minimum of 20 day’s holidays, also that the holiday year would run from February to January and that holidays not taken by the end of the holiday year could not be carried forward.

 

 7.      The claimant commenced his employment close to the end of the holiday year and the Belfast store in which he worked had just opened and was extremely busy and so it was agreed that the restriction against carrying over accrued holidays would not be enforced for the 2008/2009 holiday year.

 

 8.      The claimant left his employment with the first-named respondent on 25 June 2009 without having taken any holidays during his employment.  The claimant did not receive compensation for leave entitlement not taken, in his termination payment. 

 

THE LAW

 

 9.      A breach of contract claim arising or outstanding on termination of an employee’s employment may be brought before an Industrial Tribunal under the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994.

 

10.     The Working Time Regulations (Northern Ireland) 1998 as amended provide under Regulations 13 and 13A for a worker to have minimum leave in a leave year of 4.8 weeks from 1 October 2007 and 5.6 weeks from 1 April 2008.

 

11.           Under Regulation 14(2) where the proportion of leave taken by the worker is less than the proportion of the leave year which has expired, his employer shall make him a payment in lieu of leave in accordance with paragraph (3) therein which sets out a formula to be used in the absence of provision in a relevant agreement. 

 

 

APPLYING THE LAW TO THE FACTS

 

12.     The tribunal is satisfied based on the claimant’s undisputed evidence that the first named respondent has breached the claimant’s contract of employment in failing to pay him on termination of his employment a payment in lieu of leave entitlement accrued due to him from commencement of his employment with the first-named respondent until termination calculated at least at the minimum leave entitlements provided under The Working Time Regulations, being:-

 

          (113  x  4.8  weeks)  +   (86   x  5.6  weeks)  =  2.8 week’s leave entitlement.

            365                               365

 

          2.8 week’s leave entitlement  x  £253.85  =  £710.78.

 

CONCLUSION

 

13.     The first-named respondent will pay the claimant £710.78 compensation in lieu of leave entitlement not taken on termination of his employment.

 

14.     This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

 

 

 

 

Chairman:

 

 

Date and place of hearing:         8 December 2009, Belfast.

 

 

Date decision recorded in register and issued to parties: