Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:    639/12  

CLAIMANT:                           Julie Tweedie

 

RESPONDENT:                     Soon Interior Design Ltd

DECISION

The decision of the tribunal is that the claimant is awarded the sum of £3,227.90 in respect of outstanding redundancy pay and pay in lieu of notice.

Constitution of Tribunal:

Chairman (Sitting alone):      Mrs A Wilson

Appearances:

The claimant did not appear and was not represented.  She indicated to the tribunal in advance of the hearing that she was unable to attend and furnished a letter setting out details of her claim and associated documentation to include copy pay slips and a copy of her contract of employment.

The respondent did not appear and was not represented.

In accordance with Rule 27(5) and (6) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 I decided to dispose of the proceedings in the absence of the parties and I considered the notice of application, the response and documentation received from the claimant.

FINDINGS OF FACT

 

1.       The claimant was employed by the respondent for seven full years as a senior interior designer.  She was dismissed by reason of redundancy on 21 December 2011.

 

2.       Based upon a monthly salary of £1,866.66 gross, £1406.54 net (paragraph 5.4 of the notice of application) I calculate that the claimant was earning £430.76 gross pay and £324.58 net pay weekly.  I have noted that the respondent has indicated in the response that these sums are not correct.  However no indication has been given as to what the correct amounts are and the amounts recorded by the claimant are consistent with the pay slips furnished.

 

3.       The claimant was aged 31 at the time of her dismissal.

4.       Part XII of the Employment Rights (Northern Ireland) Order 1996 deals with entitlement to statutory redundancy payments and Article 197 provides the method of calculation applicable to a redundancy payment.

 

5.       The redundancy calculation in accordance with Article 197 is as follows:-

 

          The claimant’s age at effective date of termination:      31 years

 

          Number of full years employed:                                   7 years

 

          7 x weeks x £430.76 (gross pay)

          subject to the statutory maximum of £400.00               =    £2,800.00

 

          Total due in respect of redundancy                             =    £2,800.00

 

6.       Article 118 of the Employment Rights (Northern Ireland) Order 1996 deals with entitlement to notice pay.  In accordance with the provisions of Article 118 (1) (b) the claimant was entitled to seven weeks notice.

 

7.       I interpret paragraph 5.5 of the claim form to mean that the claimant received two weeks notice.  Accordingly I calculate that she is entitled to notice pay calculated as follows:-

 

          £324.58 (net pay)  x  5                                               =    £1,622.90

 

8.       There is no claim for holiday pay included in the claim form and consequently I have no jurisdiction to consider any claim for holiday pay.

 

9.       The claimant is entitled to £2,800.00 (redundancy pay) + £1,622.90 (notice pay)  =  £4,422.90.

 

10.     The claimant has received payment in the sum of £1,195.00 (fourth paragraph of her letter to the tribunal dated 29 May 2012).

 

11.     The claimant is awarded the sum of £3,227.90.

 

12.     This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

 

 

 

 

 

 

 

Chairman:

 

Date and place of hearing:       19 June 2012, Belfast.

 

Date decision recorded in register and issued to parties: