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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Henning v Tony Pinion [2011] NIIT 00897_11IT (28 September September 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00897_11IT.html
Cite as: [2011] NIIT 897_11IT, [2011] NIIT 00897_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 897/11
CLAIMANT: Heather Henning
RESPONDENT: Tony Pinion
DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment of £1,366.20.
Constitution of Tribunal:
Chairman (sitting alone): Mr S A Crothers
Appearances:
The claimant appeared and represented herself.
The respondent had not entered a response to the claim. However, the respondent attended to assist the claimant.
The Claim
1. The claimant claimed that she was entitled to a redundancy payment. The issue before the tribunal was whether the claimant is entitled to a redundancy payment.
Sources of Evidence
2. The tribunal heard evidence from the claimant and considered relevant documentation in the course of the hearing.
Findings of Fact
3. Having considered the evidence insofar as same related to the issue before it, the tribunal made the following findings of fact, on the balance of probabilities:-
(i) The claimant commenced employment with the respondent on 1 November 1981 until 30 November 2010, being the effective date of termination of her employment. The claimant’s date of birth is 18 July 1955. She was aged 55 at the effective date of termination of her employment. From November 2009 until 30 November 2010 the claimant had her working time reduced from two days to one day per week. She was assured that this was on a temporary basis due to the state of the respondent’s affairs. The claimant had no option other than to agree to this proposal. However, as at 30 November 2010 she was still on a one day week at the rate of £50.60 per day (gross and net).
(ii)
The tribunal is
satisfied that the claimant was made redundant by the respondent and that she
did not receive her redundancy payment.
(iii) The claimant presented her claim to the tribunal on 5 April 2011.
The Law
4. (i) Article 170 of the Employment Rights (Northern Ireland) Order 1996 (“the Order”) states as follows:-
“170. - (1) An employer shall pay a redundancy payment to any employee of his if the employee:-
a. Is dismissed by the employer by reason of redundancy, …
(2) Paragraph (1) has effect subject to the following provisions of this Part (including, in particular, Articles 175 - 179, 184 - 187, 190 - 196 and 199).”
(ii) Article 180(5) of the Order provides as follows:-
“Where -
a. the contract of employment is terminated by the employer;
b. the notice required by Article 118 to be given by an employer would, if duly given on the material date, expire on a date later than the relevant date (as defined by the previous provisions of this Article).
For the purposes of Articles 23(3), 190 and 197(1) the later date is the relevant date.”
(iii) Article 180(6) provides that “the material date” means the date when notice of termination was given by the employer, or where no notice was given, the date when the contract of employment was terminated by the employer.
(iv) Article 197
of the Order provides for the amount of redundancy payment.
Conclusions
5.
Having applied the
relevant principles of law to the findings of fact, the tribunal concludes that
the claimant is entitled to 27 weeks x £50.60 redundancy pay = £1,366.20.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 19 September 2011, Belfast.
Date decision recorded in register and issued to parties: