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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Harbinson v Building and Tanks Ltd [2013] NIIT 01773_12IT (17 January 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/1773_12IT.html
Cite as: [2013] NIIT 1773_12IT, [2013] NIIT 01773_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1773/12
CLAIMANT: David Harbison
RESPONDENT: Building and Tanks Ltd
DECISION
The claimant’s redundancy pay claim is dismissed.
Constitution of Tribunal:
Chairman (Sitting alone): Mr P Buggy
Appearances:
The claimant was self-represented.
The respondent was debarred from participating in the proceedings, because it did not present a response.
REASONS
1. In these proceedings, the claimant has made a claim for a redundancy payment against the respondent.
2. The respondent did not present a response in these proceedings. Nevertheless, Mr Lucas Stavri, a senior employee of the respondent, was present at this hearing.
3. The claimant told me that he was employed by the respondent from 10 August 2005 until 17 August 2011.
4. The claimant first made a claim to the industrial tribunal, in respect of the redundancy payment which was allegedly due, in a claim form which was received at the Office of the Industrial Tribunals on or about 14 September 2012.
5. In his claim form, the claimant explained his delay, in making an industrial tribunal claim, in the following terms:
“Due to my mental health I am just getting these forms to you now. I have been on ESA sick benefits for a year due to my doctor worrying about my mental condition which I was on medication for. …”
6. I am satisfied that “the relevant date”, in the context of Article 199 of the Employment Rights (Northern Ireland) Order 1996 (“the Order”), was 17 August 2012.
7. The claimant’s claim for redundancy pay has to be dismissed because of the provisions of paragraphs (1) and (2) of Article 199(1) of the Order. Those paragraphs of that Article are as follows:
“199.— (1) An employee does not have any right to a redundancy payment unless, before the end of the period of six months beginning with the relevant date—
(a) the payment has been agreed and paid,
(b) the employee has made a claim for the payment by notice in writing given to the employer,
(c) a question as to the employee's right to, or the amount of, the payment has been referred to an industrial tribunal, or
(d) a complaint relating to his dismissal has been presented by the employee under Article 145.
(2) An employee is not deprived of his right to a redundancy payment by paragraph (1) if, during the period of six months immediately following the period mentioned in that paragraph, the employee—
(a) makes a claim for the payment by notice in writing given to the employer,
(b) refers to an industrial tribunal a question as to his right to, or the amount of, the payment, or
(c) presents a complaint relating to his dismissal under Article 145
and it appears to the tribunal to be just and equitable that the employee should receive a redundancy payment”
8. In the circumstances of this case, I am satisfied that this claimant has not satisfied the requirements either of paragraph (1) or (2) of Article 199. I am so satisfied against the following background, and for the following reasons.
9. First, the claimant accepts that the redundancy payment has not been both agreed and paid. Secondly, it is clear that the claimant made no relevant claim to an industrial tribunal within the period of 12 months beginning on 17 August 2011.
10. Thirdly, I am not satisfied, on the balance of probabilities, that the claimant ever made a written claim to the employer, in respect of a redundancy payment, at any time.
11. I invited the claimant to consider calling Mr Stavri as a witness on his behalf, because Mr Stavri might have been able to provide relevant evidence in relation to the time-limit issues. The claimant decided not to call Mr Stavri as a witness.
Chairman:
Date and place of hearing: 19 November 2012, Belfast.
Date decision recorded in register and issued to parties: