Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2013/138_13IT.html
Cite as: [2013] NIIT 00138_13IT, [2013] NIIT 138_13IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 138/13

CLAIMANT: Julie Robson

RESPONDENTS: 1. Chris Campbell

2. Captain Jacks trading as Open Space Leisure Ltd

DECISION

The decision of the tribunal is that the respondent shall pay to the claimant the sum of £1,695.30.

Constitution of Tribunal:

Chairman (Sitting alone): Ms E McCaffrey

Appearances:

The claimant appeared in person.

The respondents did not enter a response and were not represented.

1. The claimant was employed as Assistant Manager by Open Space Leisure Ltd. According to the documentation and the payslips which she produced to the tribunal the dates of her employment were from 19 January 2012 until 7 October 2012 and she worked 40 hours per week at the basic rate of £6.50 per hour. Her take home pay for the last three months of her employment when she received payslips averaged £238.00 gross, £210.58 net. On the basis of the documentation provided by the claimant, the correct name of the respondent is Open Space Leisure Ltd and I therefore direct that the first-named respondent should be released from these proceedings and the second-named respondent amended to read Open Space Leisure Ltd trading as Captain Jacks.

2. The claimant gave evidence that during the last three months of her employment she did not receive a full pay and received only sporadic payments. She believed that she was entitled to £132.72 outstanding pay for hours worked but not paid and that she was entitled to 16 days holidays accrued but not taken.

3. She advised that she and her colleagues were called to their employer’s office on 8 October 2012 and told that the business was being taken over by another firm and that they would be paid to the end of that day but that there would be no work for them after this. It was unclear as to the nature of the transaction between the respondent and any new operator of the business, but it was clear that the staff did not transfer to the new employer and that there was no consultation in this regards. The claimant subsequently spoke to the new owner who said he could not offer any employment and she was not aware of the correct name of the new owner. I find that the claimant‘s employment did not transfer to the new operator, particularly given the that subsequent correspondence which she received from the respondent dated 8 November and 12 December 2012 included her P45 and set out details of amounts due to her.

4. As the claimant had less than one year’s service she is not entitled to any redundancy payment but is entitled to one week’s pay in lieu of notice which she did not receive. There was no consultation with the claimant or anyone else in relation to any changes within the business and it does not appear to me in the information that I received that the staff transferred to the new operator of the business. There are no grounds for believing that the respondent became insolvent.

5. Accordingly, I order the respondent to pay to the claimant the following amounts:-

		£

Arrears of pay	=	£132.72

16 days holiday accrued but not taken @ £52.00 per day.	=	£832.00

Notice pay 1 week’s net pay	=	£210.58

The claimant advised that she had not received any written terms and conditions of employment and accordingly I order the respondent to pay to the claimant the sum of two week’s pay in respect of the failure to produce the terms and conditions of employment, ie, £520.00.

I therefore order the employer to pay to the claimant the total sum of £1,695.30.

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

Chairman:

Date and place of hearing: 26 March 2013, Belfast.

Date decision recorded in register and issued to parties:

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