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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Rodgers v Emerson Energy GRP Ltd Emerson Energy Consultancy Alan Emerson Robin Emerson [2013] NIIT 00110_13IT (14 May 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/110_13IT.html
Cite as: [2013] NIIT 00110_13IT, [2013] NIIT 110_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 110/13
CLAIMANT: William Rodgers
RESPONDENTS: 1. Emerson Energy GRP Ltd
2. Emerson Energy Consultancy
3. Alan Emerson
4. Robin Emerson
DECISION
The unanimous decision of the tribunal is that the first named respondent shall pay the claimant the sum of £4880.69.
Constitution of Tribunal:
Chairman: Miss E McCaffrey
Members: Mr J Welsh
Mrs S Doran
Appearances:
The claimant was represented by Mr O’Neill of the Legal Support Project.
The respondents had not entered a response and was not represented at the hearing panel.
1. The claimant was employed by the first-named respondent, Emerson Energy Group Ltd. After discussion in relation to this matter that we order with the name of the first-named respondent is amended to read “Emerson Energy GRP Ltd”, and the second, third and fourth-named respondents (Emerson Energy Consultancy, Alan Emerson and Robin Emerson) are dismissed from these proceedings.
2. The claimant was employed by the first-named respondent from 11 June 2012 to 16 October 2012. He was employed to work at the rate of £10.00 per hour for a 40 hour week. Throughout his employment he did not receive payslips and did not receive written terms and conditions of employment. He had two days’ holiday during his employment but did not have any other paid holiday. When he was dismissed from his employment he was not given any notice of dismissal and was not paid for the last six weeks before he was dismissed.
3. Accordingly, we find as follows:-
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(1) |
The claimant’s claim for arrears of pay is well-founded and we order the respondent to pay to the claimant six weeks’ gross pay as follows:-
6 x £400.00 |
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£2,400.00 |
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(2) |
The claimant’s claim for pay in lieu of notice is |
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£320.69 |
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(3) |
The claimant was entitled to statutory minimum holidays of 28 days per year. He had worked for four months and so was entitled to nine days holiday of which he had taken two days. Accordingly, we order the respondent to pay to the claimant the sum for holidays accrued but not taken as follows:-
7 days x £80.00 per day |
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£560.00 |
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(4) |
Failure to provide written terms and conditions of employment. |
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(5) |
Accordingly, we order the respondent to pay to the claimant the total sum of £4,880.69.
We note however that where payments are made for gross pay, the respondent as the claimant’s employer is responsible for deducting PAYE, Tax and National Insurance and that the employer remains responsible to make these deductions.
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4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 May 2013, Belfast.
Date decision recorded in register and issued to parties: