Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2013/140_13IT.html
Cite as: [2013] NIIT 140_13IT, [2013] NIIT 00140_13IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 140/13

CLAIMANT: Lisa Corbett

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 £1,014.00.

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’s claim was for arrears of pay and holiday pay which she said were due to her when employed by the respondent company on the basis of the documentation which she provided to me including a P45. On the basis of the documentation which she produced the correct name of the respondent is Open Space Leisure Ltd trading as Captain Jacks Play Centre. I therefore order that the named second respondent should be amended to read “Open Space Leisure Ltd trading as Captain Jacks Play Centre” and that the first-named respondent should be released from these proceedings.

2. The claimant was employed as a Supervisor from 31 October 2011 until 7 October 2012 working 24 hours per week she was paid £6.50 per hour. Earlier in October 2012 she and the other staff were called to a meeting on 8 October. They were told that the business was being taken over and they would be paid to the end of that day. They were subsequently given a letter saying that they would be paid until the end of the month. The claimant said that she had not been paid her full pay from August of that year and had not been given any payslips from that time. 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 regard. The claimant subsequently spoke to the new owner who said that he could not offer her any employment and she was not aware of the name of the new operator. On this basis, I find that the claimant’s employment did not transfer to the new operator, particularly given that subsequent correspondence which she received from the respondent dated 8 November 2012 and 12 December 2012 including her P45 and setting out details of any amount due to her.

4. The claimant worked 24 hours per week, usually eight hours for three days per week. Accordingly, I find that her holiday entitlement was ³/₅^ths of the annual standard holiday entitlement, namely 17 days. She confirmed that she has taken nine days holidays. I therefore find that she was entitled to payment for eight day’s holidays due but not taken.

5. The claimant also confirmed that she had not been paid correctly for the months of August, September and October, but had been paid in “dribs and drabs”, she indicated that she was entitled to payment for 20 hour’s work during October, for which she had not been paid and I also find that she is entitled to one week’s pay in lieu of notice. The claimant also advised me 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 weeks’ pay in respect of the failure to produce written terms and conditions of employment, i.e. £312.00.

6. I order the respondent to pay to the claimant the following amounts:-

		£

8 day’s holiday pay @ £52.00 per day	=	£416.00

Arrears of pay - 20 hours @ £6.50 per hour	=	£130.00

One week’s pay - 24 hours at £6.50 per hour	=	£156.00

2 weeks’ pay in relation to non- production of written terms and conditions	=	£312.00

Total	=	£1,014.00

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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