Gilpin v Quinn (t/a TWQ Contracts)  (Breach of Contract)  (2 December 2003)

THE INDUSTRIAL TRIBUNALS

Case Ref No:  2391/03

APPLICANT:		Martin Gilpin

RESPONDENT:		Thomas Quinn t/a T W Q Contracts

DECISION

The unanimous decision of the tribunal is that the applicant’s claim for damages for breach of contract is upheld and a sum of £2,274.76 arrears of salary should be paid to him by the respondent.

Appearances:

The applicant appeared in person and represented himself.

The respondent appeared in person and represented himself.

Decision of the Tribunal given in summary form

1.	The applicant was employed by the respondent at a salary of £22,000.00 per annum gross his employment commencing on Monday 10 March 2003.

2.	Unfortunately the respondent employer was unable to obtain payment of monies due to him from contracts on which he was working and as a result the contract of employment between the parties terminated on 21 May 2003.

3.	The applicant was paid for the period from 10 March to 31 March 2003 but was not paid for the month of April or for the period of part of May for which he worked for the respondent.

4.	The Tribunal therefore award the net wages set out in the Schedule attached to this Decision.  Which Schedule was agreed by the parties.

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

Chairman:

Date and place of hearing: 2 December 2003, Belfast.

Date decision recorded in register and issued to parties:

SCHEDULE

Month No	Gross Wage	NIC Deduct	Tax Deduct	Nett Wage	
1	£1833.33	£159.17	£299.36	£1374.80	
2	£1184.62	£87.89	£196.77	£899.96	

Month 2 wages were calculated as follows:-

The applicant worked 10.5 weeks out of a possible 52 weeks.  This means that he worked 20.19% of the employment year.  In his employment with the respondents he would have been due 19 days holidays on top of any statutory days due in the year.  This therefore means the applicant would have been due 4 days holiday pay as well and the one statutory day (Easter).

The applicant received 5days as well as one statutory day.  Therefore the applicant owed one days pay to the respondents.  The applicant’s pay calculated as £423.07/week or £84.61/day.

In month 2 the applicant worked 3 weeks	=	£1,269.23
And he owed 1 days pay			=	£     84.61
Therefore gross amount due			=	£1,184.62

Overall amount due for
month 1 & 2 (Nett Pay)			 =			£2,274.76
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