Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  17965/18

 

CLAIMANT:                          Neil McKee

 

RESPONDENT:                  Suffolk Lenadoon Interface Group

 

 

 

DECISION

 

The decision of the tribunal is that the claimant is entitled to a statutory redundancy payment of £5,250.00 and holiday pay of £753.92.

 

 

 

CONSTITUTION OF TRIBUNAL

 

Vice President (sitting alone):                             Mr Kelly

                       

 

 

APPEARANCES:

 

The claimant appeared in person and was unrepresented.

 

The respondent was represented by two Trustees Mr Michael Doherty and Mr Paddy O’Donnell.

 

 

1.         The respondent organisation has ceased trading.

 

2.         The claimant was employed from 1 September 2007 to 30 June 2018 when he was made redundant.  The correct title for the respondent is “The Management Committee for the being of the Suffolk Lenadoon Interface Group”.  The title of the action is amended accordingly.

 

3.         The respondent accepts liability in this matter in respect of redundancy pay and holiday pay.  There is no claim in respect of notice pay.

 

Statutory Redundancy Pay

 

4.         The claimant was aged 41 years at the date of his redundancy and had completed ten years continuous service.  The claimant is therefore entitled to a multiplier of ten times his gross weekly pay subject if appropriate to any statutory cap.

 

5.         The statutory limit for the calculation of redundancy payment under the Employment Rights (Increase of Limits) (No 2) Order (Northern Ireland) 2018 for the period from 6 April 2018 is £530 per week.

 

6.         The claimant’s annual pay was £27,300.00.  His gross weekly pay was therefore £525.00 per week and is below the relevant statutory cap. 

 

7.         The claimant is therefore entitled to £5,250.00 in relation to statutory redundancy pay. 

 

Holiday Pay

 

8.         The claimant is entitled to eight days outstanding holiday pay which is conceded by the respondent organisation. 

 

9.         The claimant is therefore entitled to holiday pay in respect of eight days leave.  The daily rate of holiday pay is calculated by dividing the annual pay by the actual days worked and not by 365 – see Leisure Leagues UK Ltd v Maconnachie [2002] UKEAT 940.  The annual days worked on a five day week with 28 days annual leave is 232.  The net daily rate is £94.24.  The claimant is therefore entitled to £753.92 holiday payment. 

 

10.       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 April 2019, Belfast.

 

Date decision recorded in register and issued to parties: