Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McBride v Paul Sloan Family Butchers [2012] NIIT 02901_11IT (27 February 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/02901_11IT.html
Cite as: [2012] NIIT 02901_11IT, [2012] NIIT 2901_11IT
[New search] [Printable RTF version] [Help]
THE INDUSTRIAL TRIBUNALS
CASE REF: 2901/11
CLAIMANT: Claire Sylvia McBride
RESPONDENT: Paul Sloan Family Butchers
DECISION
The claimant has suffered an unauthorised deduction
from wages and a loss as a result of the breach of contract by the respondent
and is due a payment for holidays accrued due but not taken. The respondent
shall pay the claimant £352.67.
Constitution of Tribunal:
Chairman (Sitting alone): Ms M Bell
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
1. The claimant in her claim complained that she had not received her wages on leaving her employment.
2. No response was presented by the respondent.
Issues
3. The issues before the tribunal were:
- Has the claimant suffered an unauthorised deduction from wages and or breach of contract by the respondent in respect of the payment of wages? If so, what loss has the claimant suffered?
- Is the claimant due holiday pay?
Evidence
4. The tribunal considered the claim, documentation from the claimant and heard oral evidence from the claimant.
Findings of Fact
5. The claimant was employed as an accounts administrator by the respondent from 1 December 2010 until she left her employment on 4 September 2011 as a result of the respondent’s ongoing failure to pay her wages on time. The claimant was paid £160 per week net.
6. The claimant’s effective date of termination was 4 September 2011.
7. At the date of termination of employment the claimant was due payment of wages for the last week she had worked and for the lying week worked at the commencement of her employment, amounting to £360. The claimant was also due £202.67 in respect of 3.8 days pro rata holiday entitlement. The claimant agreed these figures orally with the respondent and deducted £10 for items she had received leaving a balance of £512.67 due to her.
8. The claimant wrote to the respondent on 4 September 2011 seeking the balance of £512.67 due.
9. On 9 September 2011 the respondent paid the claimant £160 toward the wages and holiday pay due to her, leaving a balance of £352.67 due to the claimant.
10. The claimant wrote to the respondent on 26 October 2011 and again on 18 November 2011 seeking payment of the balance of £352.67 due.
11. No further payment has been made to the claimant by the respondent despite correspondence, text messages and emails requesting same.
12. The claimant presented her claim to the office of the tribunals on 29 November 2011.
The Law
13. Under the Industrial Tribunal Extension of Jurisdiction Order (Northern Ireland) 1994 an employee may bring a claim for damages for breach of his contract of employment or for a sum due under that contract or any other contract connected with his employment before an Industrial Tribunal if the claim arises out of or is outstanding on termination of his employment.
14. Article 45 of the Employment Rights (Northern Ireland) Order 1996 provides for a worker’s right not to suffer unauthorised deductions from wages by his employer. A deduction occurs when the employer pays less than the amount due on any given occasion and includes a failure to make any payment.
15. The Working Time Regulations (Northern Ireland) 1998 provide for a worker to have a minimum amount of leave in a year and for an employer, on termination of employment, to make a payment in lieu of leave accrued due but not taken.
Applying the Law to Facts Found
16. On the undisputed evidence before it the tribunal is satisfied that the claimant since termination of her employment, has not been paid the full balance due under her contract of employment for wages for the last week worked and her lying week, nor in lieu of leave accrued due, but not taken. The tribunal finds that the claimant has suffered an unauthorised deduction from wages and a loss as a result of the breach of contract by the respondent and is due a payment for holidays accrued due, but not taken. The balance due to the claimant is £352.67.
Conclusion
17. The tribunal finds that the claimant has suffered an unauthorised deduction from wages and a loss as a result of the breach of contract by the respondent and is due a payment for holidays accrued due, but not taken. The respondent shall pay the claimant £352.67.
18. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 February 2012, Belfast.
Date decision recorded in register and issued to