THE INDUSTRIAL TRIBUNALS 

CASE REF:	3941/03

APPLICANT:	David Heatley

RESPONDENTS:	1.	Abbey Printing Service Ltd
2.	Department for Employment and Learning
Redundancy Payments Service

DECISION

The unanimous decision of the tribunal is that the first respondent shall pay to the applicant the sum of £3,120.00 by way of a redundancy payment.  The applicant’s claim for notice pay was withdrawn.

Appearances:
The applicant appeared in person.
The second respondent was represented by Ms K Dobbin.  There was no appearance by or on behalf of the first respondent.

Summary reasons
1.	The applicant, together with two others formed Abbey Printing Service Limited in 1984.  The company was engaged in the printing business until May 2003 when it ceased to trade.  There were, throughout that period, three shareholders all of whom worked for the company.

2.	In 1987/8 the applicant and the other two shareholders decided to change their relationship with the company and the State in order to pay less National Insurance and improve their take home pay.  They formed a partnership, became self employed, paying self employed National Insurance Contributions.  This state of affairs continued until 1994/5 when the situation reverted to that obtaining previously.

3.	Mr Heatley was a director of Abbey Printing Services Limited as was that of the two shareholders.  They met frequently with each having an equal say.  They were all paid weekly.

4.	In 2001 Mr Heatley was debarred from being a company director for a period of four years.  At about the same time one of the other directors resigned though they all retained their shareholding.

5.	The tribunal considered that Mr Heatley became self-employed in 1987/8 and continued to be so until 1994/5.  After that the tribunal is satisfied he was an employee subject to control by the Board of Directors of whom he was one.  He was not a controlling director.

6.	Mr Heatley was in continuous employment with the first respondent for a period of eight years as at 23 May 2003, the last day on which he worked.  He was over the age of forty-one years throughout this time.  His weekly wage at that time was in access of £300.00 per week.  However, the maximum weekly wage which can be applied in relation to redundancy payments as at that time is £260.00.  Accordingly, Mr Heatley is entitled to redundancy payment calculated as follows:-

1½  x £260 x 8 = £3,120.00 which is payable by the first respondent.

7.	Recoupment

No question of recoupment arises 

8.	Interest

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

9.	The applicant withdrew his claim for notice pay.

Chairman:

Date and place of hearing: 7 May 2004, Belfast.

Date decision recorded in register and issued to parties: