Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   3115/19

 

CLAIMANT:                          Jordan Cairns

 

RESPONDENT:                  Tech Shed Ltd trading as Fixafone

 

 

 

DECISION

 

The tribunal awards the sum of £347.06 in respect of unpaid holiday pay.

 

 

 

CONSTITUTION OF TRIBUNAL

 

Employment Judge:                                  Employment Judge Ó Murray

 

Members:                                                     Mrs G Clark

                                                                        Mr J Norney

 

 

APPEARANCES:

 

The claimant represented himself.

 

The respondent company was represented by Mr A Castle, Director of the respondent company.

 

 

1.         The claimant’s claim was for unpaid holiday pay and arrears of pay.  The claimant withdrew the claim for arrears of pay and it was dismissed at the hearing. 

 

2.         The claimant gave evidence on his own account and provided documentation.  Mr Castle gave evidence for the company and provided documentation. 

 

3.         The tribunal considered the oral evidence of both witnesses together with the documentation provided and the contents of the claim and response forms.  The tribunal found the following facts and reached the following conclusions.

 

4.         The claimant accepted at the tribunal hearing that the employer was the Tech Shed Limited and that Mr Castle was not his employer in his personal capacity.  On that basis the claims against Mr Alan Castle were dismissed at the hearing.

 

5.         A Case Management Discussion took place on 24 May 2019 when the claimant represented himself and the respondents were represented by a solicitor.  At the CMD on 24 May 2019 the parties agreed that the claimant had accrued twelve days’ annual leave by the time of the termination of his employment on 15 December 2018.  The parties further agreed that the claimant had received payment for some of his holidays on termination.

 

6.         The claimant’s employment with the respondent terminated on 15 December 2019.

 

7.         Both sides agreed in this tribunal that the sum of £248.00 was paid to the claimant on termination in respect of holiday pay.  Both sides agreed that a sum had been withheld from payment on termination.  It was therefore agreed by both sides that some money was owed to the claimant for outstanding holiday pay entitlement.  The dispute was about the amount owed.

 

8.         In the claim form the claimant stated that his net weekly pay was £247.92.  The respondents in the response form confirmed that this figure was correct.  At the hearing both sides agreed that the claimant’s pattern of work in the three months before the date of termination was that he worked from 10.00 am to 5.00 pm five days a week. 

 

9.         From the net weekly pay and the pattern of a five-day working week, we have calculated, and so find, that the daily net rate of pay was £49.58.

 

10.       As the claimant had received £248.00 on termination we find that that equates to five days’ holiday pay.

 

11.       As the claimant had accrued twelve days’ leave and he was paid for five days’ leave the balance due to him is seven days’ pay.  The calculation of compensation therefore is as follows:

 

                        7 days x £49.58 = £347.06.

 

12.       Both sides provided information during their evidence which ultimately was not relevant to the calculation of outstanding holiday pay in circumstances where the parties agreed key facts in relation to the claimant’s pay, the accrued holiday entitlement and the claimant’s pattern of work in the period before termination.  For this reason we do not need to set out in detail the evidence given by both sides on those other matters.

 

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

 

 

 

 

Employment Judge:

 

Date and place of hearing:          19 June 2019, Belfast.

 

Date decision recorded in register and issued to parties: