Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:   1371/14

CLAIMANT:                      Kerry Adair

RESPONDENT:                Lesley Quirey

DECISION

The decision of the tribunal is that the claimant is owed £226.12 notice pay, together with £655.69 holiday pay, totalling £881.81, calculated as set out below.

Constitution of Tribunal:

Vice President (sitting alone):              Mr N Kelly

Appearances:

The claimant appeared in person, accompanied by her father.

The respondent did not appear and had not entered a response.

1.       The claimant gave evidence and stated that she had been paid a wage of £236.63 gross and £226.12 net for a standard 37 hour week.  That was to be the average hours worked.  In effect, she worked considerably more hours than that and had excessive duties and responsibilities.  Those hours and excessive duties and responsibilities affected her health and she went on a period of sick leave after which her employment came to an end. 

2.       The exact circumstances in which her employment came to an end are not entirely clear.  However, it seems clear from correspondence from the respondent dated 26 April 2014 that he accepted that a payment in lieu of notice was due from him.  Given the evidence of the claimant and given what is contained in that document, I conclude, on the balance of probabilities, that this was a constructive dismissal and that the claimant was, in effect, dismissed from her employment.  The claimant does not have 52 weeks’ continuous service to claim constructive unfair dismissal but is entitled to payment of a minimum statutory period of one week’s notice amounting to £226.12. 

3.       The claimant was employed from 22 October 2013 until 28 April 2014 and took no holidays.  The claimant is therefore entitled to payment of holiday pay calculated accordingly:-

                    Holiday entitlement             189/365  x  28                   =                  £ 14.49

                    (Rounded up under Regulation 15A to 14.5)

                    Daily rate                          £226.12  ÷  5                    =                  £ 45.22

                                                            £ 45.22  x  14.5                 =                  £655.69

          The claimant is therefore awarded £655.69 in respect of holiday pay.

4.       This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Vice President:

Date and place of hearing:         30 September 2014, Belfast

Date decision recorded in register and issued to parties: