Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   1629/14

 

 

 

CLAIMANT:                      Jane Lindsay

 

 

RESPONDENTS:              Roisin Campbell and Gareth Campbell

                                        t/a Absolute Marketing

 

 

 

DECISION

The unanimous decision of the tribunal is set out at Paragraphs 3., 4. and 5. below.

 

Constitution of Tribunal:

Employment Judge (sitting alone):                Employment Judge Buchanan

 

Appearances:

The claimant was represented by Mr B Wall, Barrister-at-Law, instructed by O’Reilly Stewart, Solicitors.

The respondents did not appear, nor were they represented.

 

1        The second-named respondent was dismissed from these proceedings.

 

2        The above respondents entered a late response, which was rejected, and they have not sought a review of that decision.

 

3        I heard evidence from the claimant, Mrs Lindsay.  I found her to be an honest witness and on the basis of her evidence, I hereby order that the respondents pay to the claimant the following sums:-

 

(a)      a redundancy payment of £3,600.00 calculated on the basis that the claimant had 16 years’ complete service, was aged 34 at the time of her dismissal, and had a gross weekly salary of £300.00.

 

                              The appropriated multiplier is 12 (12 x £300.00  =  £3,600.00);

 

                    (b)      a sum of £3,084.00 in respect of breach of contract

(12 weeks’ notice pay on a net weekly wage of £257.00, taking into account the claimant’s tax liability for the period in question);

 

                    (c)      a sum of £257.00 in respect of unpaid holiday pay;

 

(d)      an award of £1,200.00 under Article 27(3) of the Employment (Northern Ireland) Order 2003 (breach of the duty to give a written statement of employment particulars); and

 

(e)      the sum of £415.00 in respect of unpaid maternity pay.

 

4.       The tribunal makes a declaration that the claimant’s complaint of failure to provide written reasons for dismissal is well-founded and makes an award that the respondents shall pay to the claimant the sum of £600.00, being a sum equal to two weeks’ pay.

 

5(i)     I am further satisfied that the claimant suffered unlawful discrimination on the ground of her sex on account of the respondents’ delay in paying, and also their failure to pay, maternity pay in the period from March to May 2014.  Although the business was clearly nearing the end of its life, other employees did not experience difficulty in the payment of their wages during this period.  The claimant gave evidence of previous instances where other female workers had encouraged such difficulty.

 

          In reaching this conclusion I have borne in mind the relevant provisions relating to the burden of proof.

 

 (ii)     The claimant sought the sum of £10,000.00 in respect of injury to feelings.  There is medical evidence that she had been attending her GP for treatment for depression.  He indicated that stresses at work had been a large contributing factor in her illness and that she had been treated with antidepressant medication.  I consider, however, that this case falls within the lower band of Vento and I make an award of £3,500.00 in favour of the claimant.

 

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

 

 

 

 

 

 

Employment Judge

 

 

Date and place of hearing:         31 October 2014, Belfast

 

 

Date decision recorded in register and issued to parties: