Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 209/15

 

 

 

CLAIMANT: Carrie Rose Wells

 

 

RESPONDENT: Carl Rossborough t/a Carl Thomas Hairdressing

 

 

DECISION

 

The unanimous decision of the tribunal is that:-

 

(i) the claimant was automatically unfairly dismissed by the respondent who failed to follow the statutory dismissal and disciplinary standard procedure prior to dismissing the claimant having decided to close his business and the respondent is ordered to pay the claimant a basic award of £1,176 (four weeks' average gross pay). The tribunal made no award for future loss of earnings as the business closed on 24 January 2015 while the claimant was on maternity leave; and

 

(ii) the respondent only gave the claimant one week's notice of termination instead of the two weeks' notice she had a statutory entitlement to and the tribunal therefore ordered the respondent to pay the claimant £248 (one week's average net pay) in lieu of the additional week's notice to which she had a statutory entitlement.

 

 

Constitution of Tribunal:

 

President (sitting alone): Miss E McBride CBE

 

Members: Mrs A Gribben

Mrs C Stewart

 

 

Appearances:

 

The claimant appeared and represented herself.

 

Neither the respondent nor his representative appeared at the tribunal.

 

 

 

 

Reasons

 

1. The tribunal announced its decision at the end of the hearing and gave oral reasons for that decision.

 

2. For the avoidance of any confusion in relation to the amount of the basic award, the tribunal accepted the claimant's evidence that at the date of her dismissal on 23 January 2015 she was 26 years of age, had two complete years of service (from 1 November 2012 to 23 January 2015) and earned an average gross weekly wage of £294. The tribunal is satisfied that but for Article 154(1A) of the Employment Rights (Northern Ireland) Order 1996, the claimant would have been entitled to a basic award of two weeks' gross pay in accordance with Articles 152(1)(a) and 153(1) and (2).

 

3. However, Article 154(1A) and (1B) provide that where, as in this case:

 

(a) the tribunal has found that the claimant was automatically unfairly dismissed because the respondent failed to follow the statutory dismissal and disciplinary procedure; and

 

(b) the amount of the basic award to which the claimant would be entitled under Article 152(1)(a) is less than four weeks gross pay, the tribunal shall increase the basic award to four weeks' gross pay unless the tribunal considers that the increase to four weeks' gross pay would result in an injustice to the respondent.

 

4. Having considered the claimant's evidence and the documentation which was provided by or on behalf of the respondent the tribunal did not consider that there was sufficient information from which it could conclude that an increase to four weeks' gross pay would result in an injustice to the respondent and therefore ordered the respondent to pay the claimant a basic award of four weeks' gross pay at an average of £294 per week which amounts to £1,176.

 

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

 

 

 

______________________________________

E McBride CBE

President

 

 

 

Date and place of hearing: 30 June 2015, Belfast.

 

 

Date decision recorded in register and issued to parties: