Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2012/02236_11IT.html
Cite as: [2012] NIIT 2236_11IT, [2012] NIIT 02236_11IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 2236/11

CLAIMANT: Joan Bennett

RESPONDENT: Brian and Jo Carson (B.J. Decor)

DECISION

The finding of the tribunal is that the claimant is entitled to a redundancy payment of £6,120 and notice pay amounting to £2,044.

Constitution of Tribunal:

Chairman (sitting alone): Mr B Greene

Appearances:

The claimant appeared in person.

The respondents appeared in person.

Sources of Evidence

1. The tribunal heard evidence from the claimant. The respondents elected not to give evidence as they considered there was no purpose in so doing. The tribunal also had regard to the claim form, the response and the claimant’s contract of employment.

The Claim and the Defence

2. The claimant claimed a redundancy payment of £6,120 and notice pay of £2,044. The respondents accepted that the claimant was entitled to a redundancy payment but contended that holiday pay, paid to the claimant, should be deducted from that amount because the claimant was not entitled to it. In the course of the hearing the respondents indicated that they accepted that the claimant was entitled to eight weeks’ notice pay.

Issues

3. (1) Is the claimant entitled to a redundancy payment of £6,120.

(2) Is the respondent entitled to deduct from the redundancy payment £1,326 paid to the claimant by way of holiday pay.

(3) Is the claimant entitled to eight weeks’ notice pay amounting to £2,044.

Findings of Fact

4. (1) The claimant was employed by the respondents as a shop manager from 15 June 1995 until 29 June 2011.

(2) The claimant earned per week £255.50 gross, £221.90 net.

(3) The claimant worked three days per week amounting to 27 hours.

(4) The claimant’s leave year ran from 1 July to 30 June.

(5) The claimant was entitled to 25 days annual leave plus eight customary days.

(6) According to the claimant’s contract of employment she was not entitled to carry over annual leave into subsequent years. However the claimant gave evidence, which was not contested, that the respondents had permitted her to carry over untaken leave in previous years,

(7) The business had been experiencing some difficulties in 2010 when there was some talk of it closing following a closing-down sale but that did not happen.

(8) At the beginning of June 2011 the respondents gave the claimant notice that the business would be closing at the end of June. In fact the business closed on 29 June 2011.

(9) The claimant received from the respondents £1,326 by way of holiday pay. That was made up of 18½ days in the current year for untaken leave, one customary day when the claimant worked and was entitled to a day in lieu and 3½ days carried forward from the previous leave year.

(10) The respondents did not challenge the claimant’s assessment of the number of days to which she was entitled or the number of days that she had taken. They did voice objection to the carrying forward of the 3½ days but did not dispute that the respondents had told the claimant on previous years that she could carry over untaken holiday leave.

(11) Under the claimant’s contract of employment she was entitled to 12 weeks’ notice of termination by reason of her length of service. She had received four weeks and therefore was entitled to a further eight weeks notice. She did not receive the notice and therefore claims eight weeks’ pay in lieu.

The Law

5. (1) The amount of the redundancy payment is calculated in accordance with Article 197 the Employment Rights (Northern Ireland) Order 1996.

Application of the Law and Findings of Fact to the Issues

6. (1) It is accepted that the claimant was made redundant and is entitled to £6,120 by way of redundancy payment.

(2) The claimant received a payment for holiday pay of £1, 326 to which she was entitled. The respondents therefore cannot deduct that amount from any redundancy payment due to the claimant.

(3) The claimant is entitled by virtue of her contract to 12 weeks notice of termination. She received four weeks’ notice. She was therefore entitled to eight weeks pay in lieu of notice which is measured at £2,044.

7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.

Chairman:

Date and place of hearing: 12 December 2011, Belfast.

Date decision recorded in register and issued to parties:

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