Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 512/11

CLAIMANT: Darren Luke Doherty

RESPONDENT: Vincent Robinson

DECISION

1. The claimant’s claim in respect of holiday pay is well-founded. It is ordered that the respondent shall pay to the claimant the sum of £170 in respect of holiday pay.
   
   
   

2. The claimant’s claim in respect of notice pay is well-founded. It is ordered that the respondent shall pay to the claimant the sum of £690 in respect of notice pay.
   
   
   

3. The claimant’s claim in respect of redundancy pay is well-founded. It is declared that the claimant is entitled to receive a redundancy payment of £855 from the respondent.

Constitution of tribunal:

Chairman (sitting alone): Mr P Buggy

Appearances:

The claimant was self-represented.

The respondent was not present or represented.

REASONS

1. I announced my Decision at the end of this hearing. At the same time, I gave oral reasons. Accordingly, what follows is by way of summary only.
   
   

2. I was satisfied that the claimant had been employed by the respondent from 1 April 2004 until 19 November 2010.
   
   

3. I was satisfied that the claimant received payment in cash, on a weekly basis, at the rate of £190 per week.
   
   

4. I was satisfied that in respect of the entire notice period, the claimant received Job Seekers Allowance at the rate of approximately £55 per week.
   
   

5. The respondent had not presented any response to these proceedings. Accordingly, these proceedings are undefended. Furthermore, the Department for Employment and Learning has not sought to participate in these proceedings.
   
   

6. Against that background, I did not make any pro-active inquiries on the question of whether or not the claimant “knowingly participated” in any illegal performance (in the form of income tax evasion) of his contract of employment. (The circumstances are such as to make me suspicious that, throughout lengthy periods, during the course of the contract of employment, proper amount of income tax was not being deducted from the claimant’s contract of employment, by the employer, for payment over to HRMC).
   
   

7. At the time of the termination of his employment, the claimant was being paid £190 in cash every week. He never got a payslip.
   
   

8. I have calculated the claimant’s claims on the basis that he was entitled to £190 gross pay per week and that he was entitled to £170 net pay per week.
   
   

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

Chairman:

Date and place of hearing: 27 April 2011, Belfast.

Date decision recorded in register and issued to parties: