Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  1343/15

 

 

 

CLAIMANT:                          Gary Bannon

 

 

RESPONDENT:                  John Slevin practising as Greene and Malpas Solicitors

 

 

 

DECISION

The respondent is ordered to pay to the claimant the sum of £1,443.00 in respect of his failure to provide written terms and conditions of employment.

 

 

 

Constitution of Tribunal:

 

Employment Judge (sitting alone):       Employment Judge McCaffrey  

                                   

 

Appearances:

 

The claimant was represented by Ms Louise McAloon of Worthingtons, Solicitors.

The respondent had not entered a response and so was debarred from being heard.

 

1.         This decision is supplemental to the decision issued on 18 September 2015, when the respondent was ordered to pay the claimant sums of money in relation to notice pay, arrears of pay, holiday pay and redundancy pay.

 

2.         Having heard oral evidence from the claimant, I am satisfied of the following:-

 

            (a)       The claimant was employed by the respondent for 8 complete years.  He was paid £481.00 gross, £386.42 net per week.

 

            (b)       The claimant was dismissed on 30 April 2015, when given a letter by Mr Michael Gillen, who had intervened in the respondent’s practice on the instructions of the Law Society of Northern Ireland.  The Law Society intervention closed the respondent’s practice.  There was no consultation by the respondent with the claimant and the claimant was not afforded any right of appeal.

 

            (c)        The respondent did not at any time provide the claimant with written terms and conditions of employment contrary to Articles 33 and 36 of the Employment Rights (Northern Ireland) Order 1996 and Article 27 of the Employment (Northern Ireland) Order 2003.  There had been no discussion about written terms and conditions between the parties. 

 

            (d)       At the date of this hearing, the respondent was not formally insolvent. 

 

4.         The claimant had withdrawn a claim of unfair dismissal.  The respondent is ordered to pay the following sums to the claimant:-

 

            Failure to provide written terms and conditions of employment: 3 weeks’ gross pay

            £481.00 x 3 = £1,443.00.

 

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

 

 

 

 

Employment Judge:

 

 

Date and place of hearing:          22 January 2016, Belfast.

 

 

Date decision recorded in register and issued to parties: