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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Gatfield v GTN Investments Ltd [2011] NIIT 02116_11IT (21 December 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/02116_11IT.html
Cite as: [2011] NIIT 02116_11IT, [2011] NIIT 2116_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2116/11
CLAIMANT: Emilie Gatfield
RESPONDENT: GTN Investments Ltd
DECISION
The claimant is entitled to receive redundancy pay, notice pay, holiday pay and unpaid wages as detailed below.
Constitution of Tribunal:
Chairman (sitting alone): Mrs M Watson
Appearances:
The claimant presented her own claim.
The respondent did not appear and was not represented.
1. The claimant’s claim against GTN Investments is dismissed. The correct name of the respondent / employer is as above.
FACTS
1. The claimant was employed as an Accounts Clerk from August 2005 until 31 August 2011 when the respondent ceased trading.
2. The claimant was aged 52 at the date of termination which equates to 9 years service for redundancy payment purposes.
3. No salary was paid for July or August 2011.
4. The claimant had 22 days outstanding holiday entitlement at the date of termination.
5. The claimant was paid £2,083.33 per month gross, £1,613.49 net.
LEGAL PROVISIONS
6. The legal provisions relating to redundancy are largely contained in the Employment Rights (Northern Ireland) Order 1996 (as amended).
7. Article 118 of the ERO provides that employees are entitled to one week’s notice for each year of employment.
8. Article 197 provides that the amount of a redundancy payment to be received is calculated by reference to an employee’s age and length of service at the date of termination subject to a minimum of 2 years employment. The week’s wage payable is capped at £400.00 per week.
9. The claimant was also entitled to be paid for any unused holiday entitlement.
COMPENSATION
10.
|
Redundancy Pay |
|
|
|
|
|
|
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9 x £400.00 |
= |
£3,600.00 |
|
|
|
|
|
Notice Pay |
|
|
|
|
|
|
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6 x £372.34 |
= |
£2,234.04 |
|
|
|
|
|
Holiday Pay |
|
|
|
|
|
|
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22 x £74.34 |
= |
£1,635.48 |
|
|
|
|
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Unpaid Salary |
|
|
|
|
|
|
|
2 x £1,613.49 |
= |
£3,226.98 |
|
|
|
|
|
|
|
|
|
Total |
= |
£10,696.50 |
|
|
|
|
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 29 November 2011, Belfast.
Date decision recorded in register and issued to parties: