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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Cassidy v Longstone Community Playgroup [2010] NIIT 02250_10IT (10 February 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/02250_10IT.html
Cite as: [2010] NIIT 02250_10IT, [2010] NIIT 2250_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2250/10
CLAIMANT: Brenda Cassidy
RESPONDENTS: 1. Longstone Community Playgroup
2. Jane Thompson
3. Leigh-Anne Bovill
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to 7 weeks notice pay amounting to £952.00 and to a redundancy payment of £918.50.
Constitution of Tribunal:
Chairman: Mr Uel A Crothers
Members: Miss Margaret Galloway
Mr Ian Carroll
Appearances:
The claimant appeared and was represented by Mr Adams of the Citizens Advice Bureau.
The respondents did not appear and were not represented. The second and third named respondents had presented responses to the claim together with written representations prior to the hearing, which included reference to the first-named respondent.
CLAIM
1. The claimant claimed that she had been unfairly dismissed and that she had not received a redundancy payment or a notice payment. The unfair dismissal claim was withdrawn from before the tribunal.
THE ISSUES
2. The issues before the tribunal were as follows:-
1. Whether the claimant is entitled to a sum in respect of notice pay.
2. Whether the claimant is entitled to a redundancy payment.
SOURCES OF EVIDENCE
3. The tribunal heard evidence from the claimant and considered relevant documentation in the course of the hearing, including the responses presented to the tribunal together with the written representations.
FINDINGS OF FACT
4. Having considered the evidence insofar as same related to the issues before it, the tribunal made the following findings of fact, on the balance of probabilities:-
(i) The claimant commenced employment with the first named respondent (“the Playgroup”) on 1 September 2002. On 9 July 2010 she received
correspondence signed by the Chairperson, Jane Thompson, which stated as follows:-
“Longstone Community Playgroup
82 Carnearney Rd
Ahoghill
Ballymena
9 July 2010
Dear Brenda
Following a meeting with the Early Years Funding Team on Tuesday 6 July, at which you were present, it has been decided that due to lack of children for September 2010 and a lack of funding from the Early Years Team we have no option but to close the Playgroup.
The only way in which the group may have been able to remain in place would have been to open on a part time basis but after discussing this with yourself and Margaret you have both, understandably, found this an unsuitable option.
It is with regret that I am writing you this letter confirming your position in Longstone Community Playgroup is no longer available.
I’d like to take this opportunity to thank you for your service to the Playgroup and to let you know that it won’t just be the Playgroup that will be missed in the community but that both yourself and Margaret will be sorely missed by the Playgroup Committee, School and all the children who were a part of the Playgroup.
Yours sincerely
Jane Thompson (chairperson)”
(ii) The claimant wrote to the Playgroup on 14 July 2010 requested six weeks redundancy pay and eight weeks notice pay. She subsequently raised a grievance in writing on 30 July 2010.
(iii) The tribunal is satisfied that the claimant was made redundant by the Playgroup and that she was not paid notice pay. The tribunal is satisfied that the Playgroup did not have funds to meet such payments.
(iv) The claimant’s date of birth is 22 September 1983. Her gross weekly wage was £167 (gross), £136 (net).
THE LAW
5. (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.
(v) The provisions in relation to breach of contract are contained in the Industrial Tribunal’s Extension of Jurisdiction Order (Northern Ireland) 1994.
CONCLUSIONS
6. Having applied the relevant principles of law to the findings of fact, the tribunal concludes that the claimant is entitled to 7 weeks notice pay (£136.00 x 7) = £952.00. In relation to a redundancy payment, and taking into account Article 180(5) and (6) of the Order, the claimant had 7 complete years employment at the relevant date which is 7 weeks subsequent to the calculation date for a weeks pay of 6 July 2010, ie, 24 August 2010. She is therefore entitled to 5½ weeks gross pay by way of redundancy payment (£167.00 x 5½) = £918.50.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 4 January 2011, Belfast.
Date decision recorded in register and issued to parties: