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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Dunlop v Brian Agnew [2012] NIIT 01903_11IT (24 January 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/01903_11IT.html
Cite as: [2012] NIIT 01903_11IT, [2012] NIIT 1903_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1903/11
CLAIMANT: Carol Dunlop
RESPONDENT: Brian Agnew
DECISION
The decision of the tribunal is that the respondent is due to pay the claimant a redundancy payment calculated in accordance with paragraph 4 of this decision in the sum of £864.00 and the respondent is ordered to pay this amount to the claimant accordingly.
Constitution of Tribunal:
Chairman (sitting alone): Miss E McCaffrey
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
THE ISSUE
1. The issue for the tribunal is whether the respondent was due to pay the claimant a redundancy payment in respect of her employment by him over a period of three years. The claimant gave evidence that she had been employed by the respondent at his premises at Bow Street Mall, Lisburn from 2 January 2007 until 31 October 2010. She was employed as a manager and was paid £288.00 gross and £235.77 net per week. Pay slips were produced to confirm these amounts. The claimant’s date of birth is 15 December 1975 and she was aged 34 at the date her employment terminated.
SOURCES OF EVIDENCE
2. The claimant gave evidence that she and the other members of staff were advised by letter dated 12 October 2010 from the respondent that he had to close the business. They were advised by his accountants Grant Thornton that Mr Agnew was not in a position to pay them their redundancy payment, and that they would receive this through the Insolvency Service of the Department for Employment and Learning. However, because of the fact that Mr Agnew was not formally insolvent, the Insolvency Service refused to make any payment.
3. At the date of hearing, the tribunal received confirmation from Grant Thornton that an Individual Voluntary Arrangement had been put in place for Mr Agnew on 15 November 2011 and that this allowed him to make full repayment of preferential debts owed to former employees.
4. The claimant confirmed that she had received notice pay and all the holiday pay to which she was entitled, but that she had not received her redundancy pay. As she was employed for three full years before her employment ended, and she was aged 34 at the date of dismissal, she is entitled to a redundancy payment equivalent to one week’s gross pay for each year of service under Article 197 of the Employment Rights (Northern Ireland) Order 1996. Accordingly I order the respondent to pay to the claimant the sum of £864.00 representing three weeks’ gross pay.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (NI) 1990.
Chairman:
Date and place of hearing: 7 December 2011, Belfast.
Date decision recorded in register and issued to parties: