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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Waring v Mplex Ltd [2012] NIIT 02059_11IT (13 January 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02059_11IT.html
Cite as: [2012] NIIT 02059_11IT, [2012] NIIT 2059_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2059/11
CLAIMANT: James Kenneth Waring
RESPONDENT: Mplex Ltd
DECISION
The decision of the tribunal is that the respondent is ordered to pay to the claimant £3774.60.
This total sum is made up of the following elements:-
(i) £2153.76 in respect of a redundancy payment,
(ii) £1496.16 in respect of notice pay,
(iii) £124.68 in respect of outstanding holiday pay.
Constitution of Tribunal:
Chairman (Sitting Alone): Mr H Travers
Appearances:
The claimant appeared in person and was not represented.
The respondent did not attend and was not represented.
REASONS
1. The claimant’s employment with the respondent was terminated by reason of redundancy. The issues for the tribunal are the claimant’s entitlement to a redundancy payment, notice pay, and outstanding holiday pay.
2. The claimant was employed by the respondent from a date in June 2003. In the claim form it was stated that the employment commenced on 01/06/03, however in evidence to the tribunal the claimant very candidly and properly told the tribunal that he simply didn’t know whether his employment commenced on or before 10/06/03. In the circumstances the tribunal finds as a fact that the employment commenced in June 2003 but on the balance of probabilities the tribunal is unable to find that the date of commencement was on or before 10/06/03.
3. The claimant’s employment was terminated by the respondent by reason of redundancy on 10/06/11. He was given one week’s pay in lieu of notice. Other than that no payments were made to him by the respondent arising from the termination of his employment.
4. The claimant was 38 years old at the date of his redundancy. On the basis of the tribunal’s findings of fact, he had 7 completed years of service by the date of termination of his employment.
5. Following the statutory formula, the appropriate multiplier for calculating the redundancy payment is 7.
6. The claimant produced a selection of payslips to the tribunal. His weekly pay was £307.68 gross and £249.36 net.
7. The claimant is entitled to a redundancy payment of: 7 x 307.68 = £2153.76
8. The claimant was entitled to 7 weeks notice, but he was given only one week’s pay in lieu of notice. He is therefore entitled to payment in respect of notice pay of: 6 x 249.36 = £1496.16.
9. The claimant also seeks outstanding holiday pay. His evidence was that he was entitled to 26 days holiday plus statutory holidays. The claimant told the tribunal that his leave year commenced on 1st August each year. At the date of termination of the claimant’s employment he had taken 20 days holiday since 01/08/10. At the date of termination the claimant had completed 45 working weeks since his leave year commenced. The tribunal calculates the claimant’s holiday entitlement to the date of termination as follows: 45 ÷ 52 x 26 = 22.5 days. Given that at the date of termination the claimant had already taken 20 days leave, he has an outstanding entitlement to 2.5 days holiday pay. This equates to 49.87 x 2.5 = £124.68.
10. The tribunal therefore finds that the claimant is entitled to a total payment from the respondent of £3774.60.
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 22 November 2011, Belfast.
Date decision recorded in register and issued to parties: