Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

 

CASE REF: 2445/15

 

                                     

CLAIMANT:                Julie-Ann Stewart

 

 

RESPONDENT:        John Slevin t/a Greene & Malpas

 

 

DECISION

 

 

(A)     The claimant’s holiday pay claim is well-founded and it is ordered that the respondent shall pay to the claimant the sum of £432 in respect of holiday pay. (That sum includes an uplift of £360, pursuant to Article 27(3) of the Employment Order 2003, because of the respondent’s failure to provide employment particulars to the claimant).

 

(B)     The claimant’s breach of contract claim in respect of notice is well founded, but the claimant has not suffered any financial loss as a result of that lack of notice.  Therefore no sum is awarded in respect of the notice claim.

 

(C)    The claimant’s redundancy pay claim against the respondent is well-founded and it is declared that the respondent is liable to make a redundancy payment of £1,260 to the claimant.

 

 

 

Constitution of the Tribunal:

 

Employment Judge (sitting alone): Employment Judge Buggy  

 

Appearances:

 

The claimant was self-represented.

 

The respondent was debarred from participating in the hearing because the respondent did not present a response within the relevant time-limit.

 

 

                                                                        CASE REF: 2445/15

 

 

 

 

REASONS

 

1. I announced my decision at the end of the hearing.  At the same time, I gave brief oral reasons for that decision.

 

2. This Decision is based on the following information:

 

Gross weekly pay: £180

 

Net weekly pay: N/A

 

Number of actual completed years of service: 9

 

Age on date of dismissal: 27

 

Multiplier (for redundancy pay): 7

 

3.    I am satisfied that it was not reasonably practicable for the claimant to present her holiday pay and notice claims within the relevant primary  time-limit and that those claims were presented within a reasonable period thereafter.

 

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

 

 

 

Employment Judge: _________________________

 

 

Date and place of hearing: 15 January 2016, Belfast

 

 

Date decision recorded in register and issued to parties: