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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Foster v David Hutchinson and Sons Ltd [2013] NIIT 01414_13IT (01 October 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1414_13IT.html
Cite as: [2013] NIIT 1414_13IT, [2013] NIIT 01414_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1414/13
CLAIMANT: Brian Foster
RESPONDENT: David Hutchinson and Sons Ltd
DECISION
(A) The claimant’s claim for notice pay is well-founded and it is ordered that the respondent company (“the Company”) shall pay to the claimant the sum of £1,405 in respect of notice pay.
(B) The claimant’s redundancy pay claim against the respondent is well-founded and it is declared that the Company is liable to make a redundancy payment of £10,800 to the claimant.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was self-represented.
The Company was represented by Mr David Hutchinson.
REASONS
1. I announced my decision at the end of the hearing. At the same time I gave brief oral reasons for that decision. Accordingly, what follows is by way of summary only.
2. The claimant was on short-time working for some time prior to the date of his dismissal. However, I have awarded compensation based on his full-time wages, mainly for two reasons. First, I have applied the principles which are set out in the Employment Appeal Tribunal judgment in Dutton v Jones t/a Llandow Metals UKEAT/0236/12/ZT. Secondly, I consider it to be far from clear that the Company had any contractual entitlement to impose short-time working upon this claimant.
3. This Decision is based on the following information:
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Gross weekly pay: |
£453 |
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Net weekly pay: |
£378 |
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Number of actual completed years of service: |
19 |
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Age on date of dismissal: |
51 |
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Multiplier (for redundancy pay): |
24 |
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4. The claimant accepted that he was employed by David Hutchinson and Sons Ltd. He accepted that he was not employed by David Hutchinson. The title of the proceedings has been altered accordingly.
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 16 September 2013, Belfast.
Date decision recorded in register and issued to parties: