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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kelly v Husky Complete Solutions Ltd [2012] NIIT 00334_12IT (06 June 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/334_12IT.html
Cite as: [2012] NIIT 00334_12IT, [2012] NIIT 334_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 334/12
CLAIMANT: Paul Kelly
RESPONDENT: Husky Complete Solutions Ltd
DECISION
The decision of the tribunal (Chairman Sitting Alone) is that the claimant is awarded the sum of £1,511.54 in respect of redundancy pay, notice pay and 2 weeks pay pursuant to Article 27 of the Employment (N.I) Order 2003. The title of the proceedings was amended to reflect the correct name of the respondent. Husky Technical Services and Eamonn Kelly, Director, are dismissed as parties from these proceedings.
Constitution of Tribunal:
Chairman (Sitting alone): Ms J Knight
Appearances:
The claimant Paul Kelly appeared and represented himself, accompanied by his father Mr Martin Kelly.
The respondent did not appear.
Issues
1. The issues to be determined were whether the claimant is entitled to a redundancy
payment and notice pay.
The respondent did not appear at the hearing. I am satisfied that the Notice of Hearing was sent to all of the respondents who had entered responses, and that this notification was not returned by Royal Mail. No explanation was given for the non attendance of any of the named respondents. I decided to determine the claims in their absence.
FACTS
2. Having heard the oral evidence of the claimant and considered documentary evidence, together with the response forms of the respondents, I find the following facts to be proven on a balance of probabilities:
3. The claimant commenced employment on 10 November 2008 with Husky Technical
Services Ltd. However, in or about April 2010 he was promoted by Mr Eamonn Kelly, company director, and Philip Kelly, Managing Director, to the position of projects manager with Husky Complete Solutions Ltd, an associated company.
4. There was no break in the claimant’s continuity of employment. The claimant’s business card describes him as “Projects Manager” with Husky Complete Solutions Ltd.
5. The claimant continued in this position until 30 December 2011. His gross weekly pay was £262.50 per week and his net weekly pay was £230.77 per week. He was not given written terms and conditions of his employment by his employer.
6. On 30 September 2011 the claimant was informed by Mr Eamonn Kelly and Mr Phillip Kelly that he was being made redundant with immediate effect, as the company was “in trouble” and was being “scaled down”.
7. Mr Eamonn Kelly told the claimant he would be paid all sums due to him including redundancy pay and notice pay. The claimant received his P45 approximately 3 weeks later which stated the employer to be “Husky Complete Solutions”. The P45 was dated 14 September 2011.
8. The claimant was 32 years old as at 30 September 2011.
9. The claimant sent an email to the respondent and contacted Mr Eamonn Kelly verbally on numerous occasions, to request payment of his redundancy pay and notice pay entitlements.
10. No response was forthcoming so the claimant sought advice from the Citizens’ Advice Bureau and gave notice of his intention to his employer to lodge proceedings with the Industrial Tribunal. The claimant’s originating claim form was received by the Office of the Tribunals on 15 February 2012, claiming a redundancy payment and notice pay, naming Husky Complete Solutions Ltd, Husky Technical Services and Eamonn Kelly, Director, as respondents.
11. Responses were lodged on behalf of Husky Complete Solutions Ltd and Mr Eamonn Kelly denying that the claimant was employed by either of these named respondents. A response was entered on behalf of Husky Technical Services Ltd stating that it was the claimant’s employer between 1 May 2009 and 30 September 2011.
12. Enquiries conducted by the claimant with the Companies Office on the morning of the hearing have revealed that Husky Technical Services Ltd became insolvent on 20 April 2012. Husky Complete Solutions Ltd continues to trade and is solvent.
13. I found the claimant to be a credible and honest witness.
CONCLUSIONS
14. I therefore reached the following conclusions.
15. The claimant’s contention was that his employer at the effective date of termination was Husky Complete Solutions Ltd, which in my view is supported by the available documentary evidence.
16. I am satisfied that the claimant had continuous employment from the 10 November 2008. I therefore dismiss Husky Technical Services and Eamonn Kelly, Director, as parties to the proceedings and amend the title accordingly.
17. The claimant’s employment was terminated by reason of redundancy on 30 September 2011. At this stage he had 2 full years service working back from the effective date of termination. He is therefore entitled to a redundancy payment pursuant to Article 170 of the Employment Rights (Northern Ireland) Order 1996. This is calculated as follows:
Gross weekly pay £262.50 x 2 years’ full service x 1 (age multiplier) = £525.
18. The claimant did not have written terms and conditions of employment, he is therefore entitled to 2 weeks notice pay in accordance with Article 118 of the 1996 Order. This amounts to £461.54.
19. Further I award the claimant a further sum of £525 pursuant to Article 27 of the Employment (Northern Ireland) Order 2003, due to the failure of the respondent to provide the claimant with written terms and conditions of employment.
20. This gives a total award of £1511.54.
21. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (NI) 1990.
Chairman:
Date and place of hearing: 1 May 2012, Belfast.
Date decision recorded in register and issued to parties: