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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCartney v Thomas McCartney [2011] NIIT 00307_11IT (18 April 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00307_11IT.html
Cite as: [2011] NIIT 00307_11IT, [2011] NIIT 307_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 307/11
CLAIMANT: Vincent McCartney
RESPONDENT: Thomas McCartney
DECISION
The decision of the tribunal is that the claimant is entitled to a statutory redundancy payment of £4,940.00, notice pay of £4,300.32 and accrued holiday pay of £971.12, totalling £10,211.44.
Constitution of Tribunal:
Vice President (sitting alone): Mr Noel Kelly
Appearances:
The claimant appeared in person and was not represented.
The respondent had not entered a response and did not appear.
1. The claimant is a plumbing and heating engineer who was employed by the respondent from 28 October 1996 to 3 November 2010 when his employment was terminated on the ground of redundancy. He was aged 33 at the date of termination.
2. The claimant’s average gross weekly wage was £468.00, ie 39 hours @ £12.00 per hour. His average net weekly wage was £358.36.
3. The contractual leave year was the calendar year and in 2010 the claimant had taken 10 days’ annual paid leave.
4. The claimant’s employment was terminated without payment of statutory redundancy, notice or pay in lieu of notice, or accrued holiday pay.
Relevant law
5. The claimant is entitled to a statutory minimum period of notice, or pay in lieu, of 12 weeks under Article 118 of the Employment Rights (Northern Ireland) Order 1996 (‘the 1996 Order’).
6. The claimant is entitled to a statutory redundancy payment, calculated as set out in this decision, under Part XII of the 1996 Order.
7. The claimant is entitled to 28 days’ paid annual leave under the Working Time Regulations.
Decision
8. The statutory redundancy entitlement is:-
14 (complete years service) = multiplier of 13 –
13 x £380.00 (statutory cap) = £ 4,940.00
9. The notice pay entitlement is:-
12 x £358.36 (net pay) = £ 4,300.32
10. The holiday pay entitlement is:-
Rate of accrual 307/365 x 28 = 23.55
Less 10 days = 13.55
Net daily pay = £71.67
£71.67 x 13.55 = £ 971.12
Total £10,211.44
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Vice President:
Date and place of hearing: 6 April 2011, Belfast
Date decision recorded in register and issued to parties: