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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Patton v R J Stothers & Sons Ltd [2012] NIIT 02890_11IT (06 March 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02890_11IT.html
Cite as: [2012] NIIT 02890_11IT, [2012] NIIT 2890_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2890/11
CLAIMANT: Jonathan William Patton
RESPONDENT: R J Stothers & Sons Ltd
DECISION
The decision of the tribunal is that the respondent is ordered to pay to the claimant the sum of £4,737.54, which sum is made up as follows:-
(i) £1,944.54 (in respect of redundancy payment);
(ii) £1,596.00 (in respect of lieu of notice);
(iii) £ 532.00 (in respect of holiday pay); and
(iv) £ 665.00 (in respect of arrears of earnings).
Constitution of Tribunal:
Chairman (sitting alone): Mr N Drennan QC
Appearances:
The claimant appeared in person and was not represented.
The respondent did not appear nor were they represented.
Reasons
1. The claimant presented a claim to the tribunal on 28 November 2011, in which he made a claim for a redundancy payment but also a claim for breach of contract for payment in lieu of notice and/or holiday pay and/or arrears of earnings. The respondent did not present a response to the tribunal to the claimant’s claims.
2. Having heard evidence from the claimant, insofar as relevant and material, I found:-
(a) The claimant, who was born on 30 December 1981, commenced employment with the respondent on 29 November 2004, as a skilled operative.
(b) His contract of employment was terminated by the respondent, without notice, on 14 September 2011, on the grounds of redundancy, following the death of the managing director and the subsequent closure of the respondent. At the date of the termination of his employment, the respondent had failed to pay to the claimant two weeks’ holiday pay to which he was entitled and further had failed to pay to the claimant the earnings to which he was entitled in the 2.5 weeks prior to the termination of his employment.
(c) At the date of the termination of his employment, the claimant was paid £324.09 gross and £266.00 net.
3. In light of the foregoing, I was satisfied the claimant was entitled to be paid by the respondent, and I so order, the sum of £4,737.54, made up as follows:-
(i) Redundancy
6 x £324.09 = £1,944.54
(ii) Lieu of Notice pay
6 x £266.00 = £1,596.00
(iii) Holiday pay
2 x £266.00 = £ 532.00
(iv) Arrears of earnings
2.5 x £266.00 = £ 665.00
Total £4,737.54
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 15 February 2012, Belfast
Date decision recorded in register and issued to parties: