Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  2330/15

 

 

CLAIMANT:                          Bridget Campbell

 

 

RESPONDENT:                  Michael Karan

t/a Maze Restaurant

 

 

DECISION

The unanimous Decision of the tribunal is as follows:

 

(A)       The claimant’s claim under Article 55 of the Employment Rights Order 1996, in respect of failure to pay the minimum wage, is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £1,725 in respect of that claim. 

 

(B)       The amount awarded to the claimant in respect of her Article 55 claim consists of the following: (1) the sum of £854 in respect of wages underpayments and (2) an £871 increase of “the higher amount” within the meaning of Article 27 of the Employment Order 2003.  That increase has been made pursuant to Article 27 of the 2003 Order.  

 

(C)      In recent correspondence, the claimant had confirmed that she intended to apply for leave to amend her original claim form to include a claim for an Article 27 increase (because of the employer’s failure to provide written particulars of employment).  However, we considered ourselves to have the power, and to be under an obligation, to consider making such an increase, regardless of whether or not an Article 27 increase has been claimed in the claim form.

 

(D)      The claimant had also requested leave to amend the claim form so as to include an alleged failure to provide pay slips.  That request was withdrawn during the course of this hearing.

 

(E)       During the course of a Case Management Discussion, the claimant had withdrawn her unfair dismissal claim.  Accordingly, that unfair dismissal claim is now dismissed.

 

(F)       The claimant’s claim against the respondent pursuant to Article 8(2A) of the Sex Discrimination Order 1976 is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £1,570 in respect of the Article 8(2A) claim.  (That sum consists of a principal amount of £1,500 and interest of £70.  The interest is awarded pursuant to the Industrial Tribunals (Interest on Awards in Sex and Disability Cases) Regulations (Northern Ireland) 1996 [SRNI 1996/581].  The interest is awarded at the rate of 8% per annum, from date of injury to date of award).  

 

 

 

Constitution of Tribunal:

Employment Judge:          Employment Judge Buggy

Members:                             Mr A Burnside

                                                Ms E May

 

Appearances:

The claimant was self-represented.

The respondent was not present or represented.

 

REASONS

 

1.         We announced our Decision at the end of the hearing.  At the same time, we gave oral reasons for the Decision.

 

2.         We were satisfied that the claimant was employed by Michael Karan, trading as “Maze Restaurant” and the title of these proceedings has been amended accordingly.

 

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

 

 

 

 

Employment Judge:

 

 

Date and place of hearing:  6 April 2016, Belfast.

 

 

Date decision recorded in register and issued to parties: