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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Hollinger v Raymond Magill [2013] NIIT 1554_13IT (06 December 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1554_13IT.html
Cite as: [2013] NIIT 1554_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1554/13
CLAIMANT: Tracy Hollinger
RESPONDENT: Raymond Magill
DECISION
The unanimous decision of the tribunal is as follows:
(A) The holiday pay claim is not well-founded and accordingly it is dismissed.
(B) The unfair dismissal claim is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £793 in respect of unfair dismissal.
Constitution of Tribunal:
Chairman: Mr P Buggy
Members: Mr B Irwin
Mr T Wells
Appearances:
The claimant was self-represented.
The respondent was self-represented.
REASONS
1. We announced our decision at the end of the hearing. At the same time, we gave oral reasons for that decision.
2. This was an automatically unfair dismissal, because the statutory dismissal procedure was not followed. The dismissal took effect on 31 May 2013. We were sure that the claimant’s dismissal (for redundancy) would have happened even if the statutory dismissal procedure had been fully implemented; however, such implementation would have delayed the dismissal by a week. The amount awarded for loss of statutory rights was £100 (bearing in mind that this was a part-time job).
3. The Recoupment Regulations apply. The prescribed period was the period from 31 May 2011 until 7 June 2013. The prescribed amount was £99. The amount by which the amount of the unfair dismissal award exceeds the prescribed amount is £694.
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 5 November 2013, Belfast.
Date decision recorded in register and issued to parties: