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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Hawthorn v South Eastern Health & Social ... [2015] NIIT 02699_14IT (16 December 2015)
URL: http://www.bailii.org/nie/cases/NIIT/2015/02699_14IT.html
Cite as: [2015] NIIT 2699_14IT, [2015] NIIT 02699_14IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2699/14
CLAIMANT: Graeme Hawthorn
RESPONDENT: South Eastern Health & Social Care Trust
DECISION ON APPLICATION FOR A REVIEW
The unanimous decision of the tribunal is that the quantum of compensation be amended as is set out in the body of this decision.
Constitution of Tribunal:
Employment Judge: Judge B Greene
Members: Mrs D Adams
Mr J Hughes
1. On 2 October 2015 the tribunal issued a decision in the above matter to the parties in which it found that the respondent had unfairly dismissed the claimant and it made an award to the claimant of compensation in the amount of £24,639.43.
2. By e-mail of 15 October 2015 the respondent's solicitor wrote to the Office of the Tribunals seeking a review of the tribunal's decision in relation to quantum only under Rule 34(1)(b) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005. The respondent's solicitor indicated that the quantum of compensation failed to take into account an amount of notice pay of £6,035.37 made by the respondent to the claimant.
3. Accordingly I directed that a Review Hearing would be convened to consider the respondent's application for a review.
4. The date for review was fixed for Tuesday 1 December 2015. By e-mail of 26 November 2015 the claimant's representative indicated to the tribunal that they
concurred with the respondent's review application and conceded and accepted that the sum of £6,035.37 had indeed been paid to the claimant by the respondent on termination of his employment and such sum should be deducted from the quantum of compensation payable to him.
5. In the light of the agreement of the parties I directed that the hearing scheduled for 1 December 2015 should not go ahead.
6. In keeping with the agreed approach taken by the parties in relation to the review application the tribunal allows the review and varies the Order of compensation to that which is set out below.
7. Basic Award
1 x 1.5 x £490 = £ 735.00
19 x 1 x £490 = £ 9,310.00
Total basic award £10,045.00
8. Compensatory Award
11 September 2014 to 30 September 2015
£464.26 x 55 = £25,534.30
Notice Pay £ 6,035.37
Total loss of earnings = £19,498.93
Earnings from 5 January 2015 to
30 September 2015
£292.24 x 38.29 = £11,189.87
Total Compensatory Award £ 8,309.06
Loss of statutory Rights £ 250.00
Total Compensation £18,604.06
The prescribed period is from 11 September 2014 to 30 September 2015.
The prescribed amount is £10,255.06 (that is £18,604.06 minus £8,309.06).
9. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
10. The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support (Regulations) 1996, as amended, apply to this decision. Your attention is drawn to the attached Recoupment Notice which form part of the decision.
Employment Judge:
Date and place of hearing: 1 December 2015, Belfast.
Date decision recorded in register and issued to parties: