Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  1350/15

 

 

 

CLAIMANT:                          Thelma Loney

 

 

RESPONDENT:                  John Slevin practising as Greene and Malpas Solicitors

 

 

 

DECISION

The respondent is ordered to pay to the claimant the sum of £7,458.32 in respect of compensation for unfair dismissal and failure to provide written terms and conditions of employment.

 

 

 

Constitution of Tribunal:

 

Employment Judge (sitting alone):       Employment Judge McCaffrey  

 

 

Appearances:

 

The claimant appeared in person and represented herself.

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.  She was paid £172.80 gross, £170.70 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 was no discussion between the parties about providing written terms and conditions of employment.  I consider the appropriate award in this case is 3 weeks’ gross pay.

 

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

 

            (f)        The claimant was in receipt of benefits of £73.10 per week from 4 May 2015 until early November 2015 for 26 weeks.  She has not found other work, but I am satisfied from her evidence that she made reasonable efforts to find work.

 

3.         The claimant was unfairly dismissed by the respondent in that she was automatically unfairly dismissed contrary to Article 130A of the Employment Rights (Northern Ireland) Order 1996.  The award of compensation in her favour is subject to an uplift of between 10% and 50%, as the tribunal considers just and equitable, by virtue of Article 17 of the Employment (Northern Ireland) Order 2003.  I consider that in this case, where there was no notice, consultation or appeal at all, the appropriate uplift would be 30%.

 

4.         The respondent is ordered to pay the following sums to the claimant:-

 

            Basic Award

 

            The basic award is to be set off against any redundancy payment to which the claimant is entitled, so the basic award in this case is NIL.

 

            Compensatory Award

 

            The claimant has been awarded previously £780.80 in respect

            of notice.  Her notice period should have ended on

            25 June 2015.

 

            Loss from end of notice period until 22 January 2016

            28 weeks @ £172.80 per week =                                                              £4,838.40

 

            Future Loss

 

            I do not consider it would be just and equitable to make an

            award for future loss.

 

           

            Loss of employment rights                                                                        £   500.00

 

            Uplift on award for failure to follow statutory procedures - 30%         £1,601.52

 

                                                                                                TOTAL AWARD      £6,939.92




 

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

            £172.80 x 3 =                                                                                    £   518.40

                                                                                                                                    £7,458.32

 

 

            This award is subject to the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (NI) 1996 (as amended).  The monetary award is £6,939.92.  The amount of the prescribed element is £4,838.40, which is attributable to the period from 25 June 2015 to 9 November 2015.  The monetary award exceeds the prescribed amount by £2,101.52.

 

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: