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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kyle v Younger Homes Ltd [2012] NIIT 01956_11IT (05 April 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/01956_11IT.html
Cite as: [2012] NIIT 01956_11IT, [2012] NIIT 1956_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1956/11
CLAIMANT: Sharon Kyle
RESPONDENT: Younger Homes Limited
DECISION
The decision of the tribunal is that the claimant is entitled to:-
(a) a redundancy payment of £10,158.69;
(b) unpaid wages of £2,495.60;
(c) holiday pay of £623.90; and
(d) notice pay of £1,897.24.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant appeared in person and represented herself.
The respondent did not appear.
1. The correct respondent is:-
Younger Homes Limited;
and I amend the title accordingly.
Facts
1. The claimant was employed by the respondent from 3 May 1988 until her employment ended on 8 July 2011. The claimant’s age at the date of dismissal was 52. She had 23 years’ service with the respondent.
2. At the date of termination of the employment the claimant’s gross weekly wage was £398.38 and her net weekly wage was £311.95.
3. The claimant’s employment ceased when she was dismissed with immediate effect. No dismissal procedure whatsoever was followed by the respondent.
4. The claimant makes claims for redundancy payment, unpaid wages, holiday pay, notice pay and unfair dismissal. She seeks eight weeks’ wages and 10 days’ holiday pay. The claimant started new employment on 1 August 2011 earning £230.77 net per week.
5. After hearing the evidence of the claimant, the tribunal is satisfied her claims are well-founded. The tribunal makes the following awards:-
(a) Redundancy pay
The claimant is entitled to 251/2 weeks’ pay based on her gross weekly wage. The claimant is therefore entitled to £10,158.69.
(b) Unpaid wages
The claimant is entitled to eight weeks’ wages. This is based on net wages. The claimant is therefore entitled to £2,495.60.
(c) Holiday pay
The claimant is entitled to 10 days’ holiday pay. This is based on her net weekly wage. The claimant is entitled to £623.90.
(d) Notice pay
The claimant is entitled to 12 weeks’ notice pay based on her net weekly wage. From this must be deducted her earnings during the notice period of £1,846.16. The claimant is therefore entitled to £1,897.24.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 17 January 2012, Belfast
Date decision recorded in register and issued to parties: