Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:    745/11  

 

 

CLAIMANT:                                Bernadette McCafferty

 

RESPONDENT:                          Herdmans Limited

 

 

 

 

DECISION

 

The decision of the tribunal is that the claimant is entitled to a redundancy payment and notice pay and unpaid holiday pay as set out in the Schedule hereto.

 

 

 

Constitution of Tribunal:

 

Chairman (sitting alone):           Mr Cross

 

 

 

Appearances:

 

The claimant was represented by Ms Hamilton of Copeland McCaffrey Solicitors.

 

The respondent did not appear and was not represented.

 

 

 

FINDINGS OF FACT

 

1.       The claimant was employed by the respondent from 2 January 1990 until she was made redundant on 31 December 2010.  She was born on 12 September 1959.  Notice of redundancy was given to the claimant on 24 November 2010.  This was 12 weeks notice which expired on 18 February 2011.

 

2.       The claimant’s gross weekly wage was £424.04 and the net wage was £343.75.  At the end of her employment the claimant was owed 7 weeks notice pay as the respondent had only been able to pay 5 weeks notice pay, such were its financial problems.  The claimant received a letter from the chairman of the respondent company giving her notice of her redundancy and apologising for not being able to meet the respondent’s financial obligations to the claimant.

 

3.       The claimant was also owed certain holiday monies for the holiday year that ran from 1 July to 30 June of each year.  The claimant was entitled to 4 days holiday pay for the days that she had not taken in that current year.

 

DECISION

 

4.       The claimant is entitled to a redundancy payment as calculated in the Schedule hereto.  The letter from the chairman of the company explains that this would have been paid but for the financial problems of the company.  Likewise the claimant is entitled to the balance of her notice pay being 7 weeks net pay, she having received the other 5 weeks pay from the respondent.  The unpaid holiday pay is also set out in the Schedule.

 

 

          SCHEDULE

 

          Redundancy Payment

 

          Claimant was employed for 20 years.

 

          At a weekly wage of £424.04.

 

          25 weeks gross pay @ £400.00:                                                £10,000.00

 

          7 weeks notice pay @ £343.75 per week:                                     £2,406.25

 

          4 days holiday pay at £68.75 per day:                                             £275.00

                                                                                                         _________

                                                                                Total:                 £12,681.25

 

 

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

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing: 15 June 2011, Belfast

 

 

Date decision recorded in register and issued to parties: