Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2014/980_14IT.html
Cite as: [2014] NIIT 980_14IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 980/14

CLAIMANT: Fiona Caldwell

RESPONDENT: Kellie Storey, t/a La Chance de Danser

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to payment of unpaid wages, holiday pay in lieu of holidays untaken and one week’s Statutory Sick Pay in the sum of £970.95, as set out at paragraph 7 of this decision. The respondent is ordered to pay the claimant this amount.

Constitution of Tribunal:

Employment Judge (sitting alone): Employment Judge McCaffrey

Appearances:

The claimant was represented by Mr John Caldwell.

The respondent did not attend and was not represented.

1. The claimant had worked for the respondent for a period of eight weeks from 24 February 2014 until 24 April 2014. She had been paid for the hours worked during the month of February, but had not received payment for the month of March and the days she worked in the month of April. She generally worked four hours per day and produced a table to the tribunal showing the days she had worked in March and April including two days leave in April. She was paid £6.31 per hour.

2. On 16 April 2014 the claimant attended her General Practitioner. He gave her a sick line for two weeks on the basis that she was suffering from work-related stress. On 24 April 2014, one week after she was certified as sick the claimant hand-delivered a letter of resignation to the respondent’s premises. Later the same day she received a letter in the post from the respondent, posted on 23 April 2014 but dated 17 April 2014, which purported to dismiss the claimant, suggesting that she had been on a probationary period.

3. The claimant sought payment of unpaid wages, payment in lieu of holidays accrued but untaken and a payment in relation to one week’s sick leave.

4. On the basis of the evidence received from the claimant I am satisfied that she is entitled to these amounts. She is entitled to payment for 21 days work during the month of March and 11 days worked during the month of April plus payment for two days which she had taken as leave.

5. Having checked the appropriate Government sources, I am satisfied that the claimant was also entitled to statutory sick pay at the rate of £87.55 per week as she was certified as sick for one week of her employment.

6. The claimant sought to include a claim for failure to provide her written terms and conditions of employment of her claim. This was not part of her original claim and as I pointed out to her at the hearing, an employer has 8 weeks from the date of commencement of employment to furnish an employer with written terms and conditions. Accordingly, I am not satisfied that it would be appropriate to make any award to the claimant in this regard.

7. I order the respondent to pay to the claimant arrears of pay, a payment in lieu of accrued but untaken holiday and Statutory Sick Pay made up as follows.

Payment for March – 21 days x 4 hours x £6.31 per hour

Payment for April – 11 days x 4 hours x £6.31 per hour = £807.68

Holiday pay accrued over two months’ employment -

28 ÷ 12 = 2.33 days per month

Two months holiday = 4.66 days, say 5 days.

Two days taken, balance holiday untaken 3 days x £25.24 per day = £ 75.72

One week’s statutory sick pay from 16-24 April 2014 = £ 87.55

Total £970.95

8. I order the respondent to pay to the claimant the sum of £970.95 in respect of the amounts owed, as calculated above.

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

Employment Judge:

Date and place of hearing: 3 September 2014, Belfast.

Date decision recorded in register and issued to parties:

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