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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Doherty v Derry Community Social Service... [2010] NIIT 02689_10IT (07 March 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/02689_10IT.html
Cite as: [2010] NIIT 2689_10IT, [2010] NIIT 02689_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2689/10
CLAIMANT: John Doherty
RESPONDENT: Derry Community Social Service Centre
DECISION
The Tribunal ordered the respondent to pay the claimant a redundancy payment of £11,020.00.
Constitution of Tribunal:
Chairman (sitting alone): Ms Petra Sheils
Appearances:
The claimant appeared and represented himself.
The respondent was represented by Mr Patrick Andrews.
1. The claimant, whose date of birth is 5 April 1951, was employed by the respondent in March 1980 as a Senior Welfare Rights Officer.
2. The claimant worked for the respondent in this post up until September 2010.
3. On 28 August 2010 the claimant attended a meeting, at which he was advised that funding for his post was no longer available and that he was being made redundant.
4. The claimant’s last day of employment was 30 September 2010. He received no redundancy payment.
5. The claimant stated in his claim form that at that time his gross monthly pay was £1,575.55. However Mr Andrews very helpfully stated at the hearing that his paperwork indicated that the claimant’s gross monthly pay was £1,985.00.
The Law
6. Article 174 of the Employment Rights (Northern Ireland) Order 1996 provides that an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to:-
(a) the fact that his employer has ceased or intends to cease
(i) to carry on the business for the purposes of which the employee was employed by him, or
(ii) to carry on that business in the place where the employee was so employed, or
(b) the fact that the requirements of that business
(i) for employees to carry out work of a particular kind, or
(ii) for employees to carry out work of a particular kind in the place where the employee was employed by the employer,
have ceased or diminished or are expected to cease or diminish.
Article 197 of the same Order provides that the amount of any redundancy pay to be paid by the employer to the employee as referred to in Article 174 shall be calculated in accordance with this Article.
The Tribunal’s Conclusions
7. The Tribunal concluded that the claimant had been made redundant.
8. The Tribunal calculated the claimant’s redundancy money in accordance with Article 197 and ordered the respondent to pay the claimant £11,020.00.
9. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 8 February 2011, Limavady.
Date decision recorded in register and issued to parties: