Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   943/11

 

 

 

CLAIMANT:                      Shirley Gallagher

 

 

RESPONDENTS:              Bumps ‘n’ Babies Ltd

 

 

 

DECISION

 

(A)               The claimant’s claim in respect of notice pay is not well-founded and accordingly it is dismissed.

(B)               The claimant is entitled to receive the sum of £857 from the respondent in respect of redundancy pay. 

 

 

Constitution of Tribunal:

Chairman (sitting alone):           Mr P Buggy

 

         

Appearances:

The claimant was self-represented.

 

There was no appearance on behalf of the respondent.

 

 

REASONS

 

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

2.               The claimant had originally  named Paula Craven, as owner of Bumps ‘n’ Babies and Nicola Quinn,  also as owner of Bumps ‘b’ Babies, as respondents to these

          proceedings.  However, as a result of the claimant’s oral testimony, it is clear that she has at all times accepted that the above named company was her employer and therefore these proceedings were always intended to be brought against the above named company (as distinct from being brought against Ms Craven and/or Ms Quinn) and therefore the title of the respondents has now been altered accordingly.

3.               In its response dated 22 May, the respondent company does not deny the main assertions which are made by the claimant in these proceedings.

 

4.               The claimant was employed by the respondent for more than five years.  She was dismissed by reason of redundancy, after only four weeks notice, on 16 October 2010.  On that date she was 43 years of age. (Accordingly, her redundancy pay must be calculated on the basis of a multiplier of 6).

 

5.               At that time, her gross weekly pay was £222 and her net weekly pay was £190.

6.               The claimant obtained no new employment during the five weeks after her dismissal.  However, she did claim Jobseeker’s Allowance (approximately £65 per week) in respect of that period.

 

7.               The claimant was entitled to five weeks notice of dismissal, but only received four weeks notice. So, she was entitled to one weeks pay in lieu of notice, which amounted to £125 (£190 less £65).

 

8.               Upon termination of her employment, the claimant was given £600 by the respondent.  I take the view that this £600 should be attributed to the claimant’s claim in respect of notice pay.  Accordingly, the claimant has paid all of her notice pay entitlement.

 

9.               So, £125 of the £600 payment is attributed to notice pay entitlement.  Accordingly, £475 of that payment must be attributed to the redundancy pay entitlement.

 

10.           If no such payment had been made, the claimant would have been entitled to a redundancy payment of £1,332 (£222 weekly, subject to a multiplier of 6).

 

11.           £1,332 less £475 is £857.

 

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

 

 

 

 

Chairman:

 

 

Date and place of hearing:         29 June 2011, Belfast.    

 

 

Date decision recorded in register and issued to parties: