Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 1553/17

 

 

 

CLAIMANT: Elizabeth Allan

 

 

RESPONDENT: Blue Autumn Ltd

 

 

 

DECISION

The decision of the tribunal is that the claimant is entitled to notice pay of £1,536.00. The claimant is also entitled to a statutory redundancy payment of £1,856.00. The respondent is directed to pay those sums, totalling £3,392.00 to the claimant.

 

Constitution of Tribunal:

Vice President (sitting alone): Mr N Kelly

 

Appearances:

The claimant appeared in person and was not represented.

The respondent did not appear but provided a brief written submission.

 

Findings of fact

1. The claimant was employed from 28 May 2002 to 1 December 2016 doing part-time general warehouse, shop and administrative work for the respondent.

 

2. The claimant was aged 42 at the date of the termination of employment.

 

3. The claimant was paid £128.00 gross and net per week.

 

4. For the purposes of the legislation, the claimant had 14 complete years of service with the respondent.

 

5. The claimant was dismissed on grounds of redundancy.

 

6. The claimant give evidence that no notice of redundancy had been given, either verbally or in writing, before she was informed by Mr Morley on 1 December 2016 that she was redundant. That verbal statement was confirmed in writing, at the claimant's request, on 7 December 2016. The respondent's written submission stated that notice was given verbally at the required time. The date of the alleged verbal notice was not specified by the respondent.

 

7. On the balance of probabilities, I prefer the sworn evidence of the claimant, and I conclude that no notice was given of the redundancy.

 

8. The claimant claims a statutory redundancy payment and a statutory notice payment.

 

Relevant law

9. Under the Employment Rights (Northern Ireland) Order 1996, the claimant is entitled to a statutory redundancy payment calculated in accordance with the Order and to notice pay amounting to one week's net pay for each year of completed service up to a maximum of 12 years' service.

 

Decision

10. The claimant is entitled to a statutory notice payment of £1536.00.

 

11. The claimant is entitled to a statutory redundancy payment calculated as follows:-

Age 42

 

14 completed years' service

 

14.5 x £128.00 = £1856.00

 

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

 

 

 

 

 

 

 

Vice President

 

 

Date and place of hearing: 2 August 2017, Belfast

 

 

Date decision recorded in register and issued to parties: