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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Howell v Department for Employment and ... [2014] NIIT 468_14IT (09 June 2014)
URL: http://www.bailii.org/nie/cases/NIIT/2014/468_14IT.html
Cite as: [2014] NIIT 468_14IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 468/14
CLAIMANT: Terri Howell
RESPONDENT: Department for Employment and Learning
DECISION
(A) Shawson Supply Ltd (in liquidation) is liable to make a redundancy payment to the claimant
(B) The claimant’s appeal under Article 233 of the Employment Rights Order (Northern Ireland) 1996 (“ERO”) is successful.
(C) The precise amounts due to the claimant (pursuant to Article 205 of ERO and under Article 233 of ERO respectively) will be decided during a future hearing if those amounts are not now promptly agreed between the parties.
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge Buggy
Appearances:
The claimant was self-represented.
The respondent was represented by Mr Peter Curran.
REASONS
1. I announced my decision at the end of the hearing. Accordingly, what follows is by way of summary only.
2. The claimant made an application to the Department, in the Department’s role as the statutory guarantor in respect of certain employment debts. The Department refused the application in relation to redundancy pay, because the claimant had not complied with the requirements of paragraph (1) of Article 199 of ERO. This is the claimant’s appeal against that refusal. The claimant’s applications to the Department in respect of holiday pay, notice pay and redundancy pay were successful, but the claimant and the Department are in disagreement as to the amounts due to her. This is her appeal in respect of that disagreement.
3. I was satisfied that the claimant had been employed by Shawson Supply Ltd (“the company”) from July 2005 until 13 May 2013. I was satisfied that, in May 2013, the company dismissed her because of redundancy. I was satisfied that, at that time, she was aged 47.
4. The claimant did not satisfy the requirements of Article 199(1) of ERO. However, she did make a claim for a redundancy payment, by notice in writing given to the employer, during the second half of the year which began with the date of her dismissal. (See paragraph (2) of Article 199). I am satisfied that it is just and equitable that the claimant should receive a redundancy payment.
5. I am satisfied that the claimant did not receive any wages in respect of the month of April 2013, or in respect of any day during May 2013.
6. I am satisfied that, during the period 17 January to 13 May 2013, the claimant took only two days holidays.
7. I am satisfied that the claimant received no notice of her dismissal.
8. On the basis of the foregoing, I am sure that the claimant and the Department will now speedily come to an agreement as to the precise amounts due to the claimant. If not, there can be a further hearing, for the purpose of determining the precise amounts which are due.
9. During the course of this hearing, the claimant made it clear that, as soon as the proceedings in this appeal (Case 468/14) are concluded, she intends to withdraw her proceedings in Howell v Shawson Supply Ltd (in liquidation) v Department for Employment and Learning (Case 147/14).
10. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Employment Judge:
Date and place of hearing: 20 May 2014, Belfast.
Date decision recorded in register and issued to parties: