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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Caskey v David Hutchinson and Sons Ltd [2013] NIIT 01439_13IT (04 October 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1439_13IT.html
Cite as: [2013] NIIT 01439_13IT, [2013] NIIT 1439_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1439/13
CLAIMANT: Shona Catherine Caskey
RESPONDENT: David Hutchinson and Sons Ltd
DECISION
(A) The claimant’s claim in respect of holiday pay is well-founded and it is ordered that the respondent company (“the Company”) shall pay to the claimant the sum of £202 in respect of holiday pay.
(B) The claimant’s claim for notice pay is well-founded and it is ordered that the Company shall pay to the claimant the sum of £1,368 in respect of notice pay.
(C) 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 £5,389 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: |
£337 |
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Net weekly pay: |
£278 |
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Number of actual completed years of service: |
16 |
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Age on date of dismissal: |
38 |
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Multiplier (for redundancy pay): |
16 |
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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: 16 September 2013, Belfast.
Date decision recorded in register and issued to parties: