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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Brown v Lyster King T/A Maxol Filling ... Department for Employment & Le... [2012] NIIT 01986_11IT (30 January 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/01986_11IT.html
Cite as: [2012] NIIT 1986_11IT, [2012] NIIT 01986_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1986/11
CLAIMANT: James Brown
RESPONDENTS: 1. Lyster King T/A Maxol Filling Station
2. Department for Employment & Learning
DECISION
The decision of the tribunal is that the claimant is entitled to statutory redundancy pay of £2,480.25 and notice pay of £1,350.00
Constitution of Tribunal:
Vice President (sitting alone): Mr N Kelly
Appearances:
The claimant was represented by Mr Kiddle, of UCATT.
The first-named respondent appeared in person and was not represented.
The second-named respondent did not appear and was not represented.
1. The first-named respondent has significant bank debts and is unable to meet the cost of redundancy pay or notice pay. There was no evidence that he had been adjudged bankrupt or had made a composition with his creditors.
2. The claimant was employed from 16 September 2005 to 18 July 2011 when he was made redundant without notice or pay in lieu of notice. He was aged 54 at the time. His gross weekly wage was £330.74 and his net weekly wage was £270.00.
3. The claimant is entitled to a statutory redundancy payment of:-
71/2 x £330.74 = £2,480.55
4. The claimant is entitled to a minimum period of five weeks’ notice:-
5 x £270.00 (net weekly pay) = £1,350.00
5. The total amount due of £3,830.55 is payable by the first-named respondent. If he is unable to meet that liability and is insolvent for the purposes of the 1996 Order, the claimant should refer the matter to the second-named respondent for consideration.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Vice President:
Date and place of hearing: 24 January 2012, Belfast
Date decision recorded in register and issued to parties: