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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Henderson v Romac Press Ltd [2012] NIIT 02876_11IT (30 March 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02876_11IT.html
Cite as: [2012] NIIT 02876_11IT, [2012] NIIT 2876_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2876/11
CLAIMANT: Michael Henderson
RESPONDENT: Romac Press Ltd
DECISION
The decision of the tribunal is that the claimant is entitled to an award of £3,352.88 comprised as follows:-
(i) Redundancy Payment: £382.50 x 4 = £1,520.00
(ii) Notice Pay £305.48 x 4 = £1,221.92
(iii) Holiday Pay £305.48 x 2 = £610.96
Constitution of Tribunal:
Chairman (sitting alone): Mr I Wimpress
Appearances:
The claimant was unrepresented and appeared on his own behalf.
The respondent did not appear and was not represented.
THE CLAIM AND THE RESPONSE
1. In a claim form dated 18 November 2011, the claimant sought a redundancy payment in respect of the termination of his employment with the respondent on 2 September 2011. The respondent did not file a response.
SOURCES OF EVIDENCE
2. The tribunal heard oral evidence from the claimant and received a number of documents which included his contract of employment and pay slips.
THE FACTS
3. The claimant’s date of birth is 30 September 1980. The claimant commenced employment as a printer with the respondent on 15 July 2007. The claimant worked 37.5 hours per week and was paid £382.50 per week gross and £305.48 net.
4. On Sunday, 4 September 2011 the claimant returned from holiday to learn that the respondent’s business had closed. He had been due to return to work on 5 September 2011. A colleague, Philip Harrison, telephoned him and advised that the respondent business had shut down. The claimant was not paid any redundancy pay or monies due to him in respect of holiday pay.
5. The claimant raised the non-payment of redundancy pay in writing with the respondent on 16 September 2011. On Sunday, 18 September 2011 when the proprietor, Mr David Sloan, called at the claimant’s house and told him that the bank had closed down the business, the claimant took the opportunity to ask Mr Sloan about redundancy pay, notice pay and holiday pay but did not receive any satisfactory answer.
THE LAW
6. The relevant statutory provisions are found in Articles 170, 174, 197, 198 and 199 of the Employment Rights (Northern Ireland) Order 1996.
170. (1) An employer shall pay a redundancy payment to any employee of his if the employee:-
(a) is dismissed by the employer by reason of redundancy, or...
174. (1) For the purposes of this order an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to:-
(a) the fact that his employer has ceased or intends to cease:-
(i) to carry on the business for the purposes of which the employee was employed by him, or
(ii) to carry on that business in the place where the employee was so employed by him, or
(b) the fact that the requirements of that business:-
(i) for employees to carry out work of a particular kind, or
(ii) for employees to carry out work of a particular kind in the place where the employee was employed by the employer, have ceased or diminished or are expected to cease or diminish.
In Paragraph (1) “cease” and “diminish” mean cease and diminish either permanently or temporarily and for whatever reason.
197. (1) The amount of a redundancy payment shall be calculated by:-
(a) determining the period, ending with the relevant date, during which the employee has been continuously employed,
(b) reckoning backwards from the end of that period the number of years of employment falling within that period, and
(c) allowing the appropriate amount for each of those years of employment.
(2) In paragraph (1)(c) “the appropriate amount” means:-
(a) one and a half weeks' pay for a year of employment in which the employee was not below the age of forty-one,
(b) one
week's pay for a year of employment (not within
sub-paragraph (a)) in which he was not below the age of
twenty-two, and
(c) half
a week's pay for each year of employment not within
sub-paragraph (a) or (b).
198. (1) Any question arising under this Part as to:-
(a) the right of an employee to a redundancy payment, or
(b) the amount of a redundancy payment, shall be referred to and determined by an industrial tribunal.
(2) For the purposes of any such reference, an employee who has been dismissed by his employer shall, unless the contrary is proved, be presumed to have been so dismissed by reason of redundancy.
199. (1) An employee does not have any right to a redundancy payment unless, before the end of the period of six months beginning with the relevant date:-
(a) the payment has been agreed and paid,
(b) the employee has made a claim for the payment by notice in writing given to the employer,
(c) a question as to the employee's right to, or the amount of, the payment has been referred to an industrial tribunal, or
(d) a complaint relating to his dismissal has been presented by the employee under Article 145.
(2) An employee is not deprived of his right to a redundancy payment by paragraph (1) if, during the period of six months immediately following the period mentioned in that paragraph, the employee:-
(a) makes a claim for the payment by notice in writing given to the employer,
(b) refers to an industrial tribunal a question as to his right to, or the amount of, the payment, or
(c) presents a complaint relating to his dismissal under Article 145, and it appears to the tribunal to be just and equitable that the employee should receive a redundancy payment.
(3) In determining under paragraph (2) whether it is just and equitable that an employee should receive a redundancy payment an industrial tribunal shall have regard to:-
(a) the reason shown by the employee for his failure to take any such step as is referred to in paragraph (2) within the period mentioned in paragraph (1), and
(b) all the other relevant circumstances.
7. Article 118 of the 1996 Order provides that employees are entitled to one week’s notice for each year of employment.
8. An employee may bring a claim for breach of contract under the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994. This enables employees to recover sums due under contracts of employment such as the failure to pay wages and holiday pay. The claim must either arise or be outstanding on termination of the employment.
9. I am satisfied on the basis of the claimant’s oral evidence that he has complied with Article 199 of the 1996 Order. The claimant has also complied with Article 199 (1) (c) by referring the matter to an industrial tribunal on 18 November 2011 which is within six months of the relevant date namely 2 September 2011 being the date on which the claimant’s employment terminated.
AWARD
10. On the basis of the claimant’s oral and documentary evidence I am satisfied that his claim for a redundancy payment has been made out. Based on the claimant’s age at the time when she was made redundant which was 30 and his 4 completed years of service, I am satisfied that the claimant is entitled to an award as follows:-
Redundancy Payment: £382.50 x 4 = £1,530.00
Notice Pay: £305.48 x 4 = £1,221.92
Holiday Pay: £305.48 x 2 = £610.96
Total Award = £3,362.88
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 14 February 2012, Belfast.
Date decision recorded in register and issued to parties: