Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  2639/15

 

 

CLAIMANT:                        Gerard Doherty

 

RESPONDENT:                 Beattie’s Distribution Services Ltd

 

 

DECISION

The tribunal’s decision is that:

 

(i)        the respondent has made a deduction of £1,300 from the claimant’s wages in contravention of Article 45 of the Employment Rights (Northern Ireland) Order 1996 and the respondent is ordered to pay the claimant £1,300 which is the amount of the deduction made in contravention of Article 45;

 

(ii)       the respondent failed to give the claimant a written statement of particulars of employment as required by Article 33 of the Employment Rights (Northern Ireland) Order 1996 and in accordance with Article 27 of the Employment (Northern Ireland) Order 2003 the respondent is ordered to pay the claimant two weeks’ gross pay of £757 calculated using the information on the claimant’s pay slips in respect of basic gross pay and average overtime/Saturday’s gross pay;

 

(iii)      the respondent is therefore ordered to pay the claimant a total of £2,057.00.

 

 

Constitution of Tribunal:

President:     Miss E McBride CBE (sitting alone)

 

Appearances:

The claimant appeared in person.

The respondent was represented by Mr J Morgan of MCL Associates.

 

The claimant’s complaints

 

1.         The claimant’s claim contained a complaint that the respondent had unlawfully deducted £1,300 from his final wage.

 

The claimant’s claim was amended to include a further complaint that the respondent had failed to give him a written statement of particulars of employment, without objection from the respondent, at a Case Management Discussion on 3 February 2016. 

 

Unauthorised deduction from wages

 

2.         At the outset of this hearing Mr Morgan accepted, in open tribunal, that the respondent made an unauthorised deduction of £1,300 from the claimant’s final wage in contravention of Article 45 of the Employment Rights (Northern Ireland) Order 1996 because he did not have the claimant’s prior written agreement or written consent to the making of the deduction.  The respondent is therefore ordered to pay the claimant £1,300 in respect of the deduction.

 

Written Statement of Particulars of Employment

 

3.         There was a dispute between the claimant and the respondent in respect of this complaint.  The claimant contended that he had never been given a written statement of particulars of employment at any stage of his employment.  The respondent contended that the claimant had been provided with a written statement of employment particulars but that he had failed to sign and return same.  The tribunal heard evidence from the claimant in support of his claim and he was cross-examined by Mr Morgan on behalf of the respondent.  No evidence, either oral or documentary, was adduced on behalf of the respondent.  Having considered the claimant’s sworn evidence, Mr Morgan’s cross-examination of the claimant and in the absence of any evidence oral or documentary on behalf of the respondent, I accepted the claimant’s evidence that the respondent had not given him a written statement of particulars of employment at any stage of his employment.

 

4.         Article 33(1) of the Employment Rights (Northern Ireland) Order 1996 provides that an employee is entitled to receive a written statement of particulars of employment from his employer.  Article 27 of the Employment (Northern Ireland) Order 2003 provides that where the tribunal finds that no statement has been provided it shall award two weeks’ gross pay and may award up to four weeks’ gross pay if it considers it just and equitable to do so.  I gave the claimant and Mr Morgan the opportunity to address me on whether or not it would be just and equitable to award more than two weeks’ gross pay to the claimant and neither addressed me on that matter.  On the basis of the evidence before me I was satisfied that the appropriate award is two weeks’ gross pay of £757 calculated, using the claimant’s pay slips provided by way of discovery as follows:-

 

                        (1)       Gross basic monthly pay                                                    £1,462.50

 

                        (2)       Gross average monthly overtime/Saturday’s pay           £   177.21

 

                        (3)       Total gross monthly pay                                                      £1,639.71

 

                        (4)       Total gross weekly pay is £1,639.71 x 12 (monthly)      ________

                                                                                          52 (weeks)                       £  378.39

                                                                                                                                   

                        (5)       Two weeks’ gross pay                                                         £  757.00

(rounded up).

 

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

 

   

 

 

 

 

______________________________________

E McBride CBE

President

 

 

Date and place of hearing:  24 February 2016, Belfast

 

 

Date decision recorded in register and issued to parties: