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	Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Anderson v McWhirter & Anor [2008] NIIT 1241_07IT (11 January 2008) URL: http://www.bailii.org/nie/cases/NIIT/2008/1241_07IT.html Cite as: [2008] NIIT 1241_7IT, [2008] NIIT 1241_07IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1241/07

CLAIMANT: Robert Terence Anderson

RESPONDENTS: 1. Mr Paul McWhirter

2. Beth's Home Bakery

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to the sum of £6,525.67 in respect of redundancy pay and £4,015.80 in respect of notice pay.

Constitution of Tribunal:

Chairman: Mrs A Wilson

Members: Mr McKeown

Mr Irwin

Appearances:

The claimant appeared in person and represented himself.

There was no appearance by or on behalf of either respondent.

The issues for the tribunal were -

(1) Is the claimant entitled to a redundancy payment under Part XII of the Employment Rights (Northern Ireland) Order 1996 (the 1996 Order) and if so how much is due to the claimant by way of redundancy entitlement.

(2) Is the claimant entitled to notice pay under Part X of the 1996 Order and, if so, how much is due to the claimant by way of notice pay.

Sources of Evidence

The tribunal considered the claim to an industrial tribunal, the response entered on behalf of the respondent and the oral evidence of the claimant.

Findings of Relevant Fact

1. The claimant was employed by the respondents as a van driver from 1 April 1994 until 3 March 2007.
2. The claimant was dismissed on 3 March 2007 without notice.
3. Beth's Home Bakery owned and run by the first-named respondent ceased trading on or about 3 March 2007 and is no longer in existence.
4. The claimant believes that the first-named respondent is technically insolvent and following evidence given by the first-named respondent during the course of a Pre-Hearing Review on 17 August 2007 the claimant believes that the first-named respondent may have adjudicated himself bankrupt.
5. The claimant was aged 58 at the time of dismissal, had 13 years continuous service on that date and was earning £334.65 weekly.

The Law

6. Article 170 of the Employment Rights (Northern Ireland) Order 1996 provides that an employer shall pay a redundancy payment to any employee of his if the employee is dismissed by the employer by reason of redundancy.
7. Article 174 of the 1996 Order provides that for the purposes of the Order an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to the fact that the employer has ceased or intends to cease:-

(i) to carry on the business for the purposes of which the employee was employed by him;

(ii) to carry on that business in the place where the employee was so employed.

8. Article 118 of the 1996 Order provides that an employee is entitled to not less than 12 weeks notices if his period of continuous employment is 12 years or more

Decision

9. The tribunal unanimously find that the claimant was made redundant by the respondents within the meaning of the Employment Rights (Northern Ireland) Order 1996 and is entitled to a redundancy payment as follows:-

The claimant was aged 58 at the time of redundancy, being 45 when he commenced employment and having worked for 13 years is entitled to:-

1½ weeks pay x 13 = 1½ x 334.65 x13 = £6525.67

9. The tribunal find that the claimant was dismissed without notice.
10. The claimant was employed by the respondent for 13 years and consequently is entitled to 12 weeks pay in lieu of notice. The tribunal awards £4015.80 in respect of notice pay.
11. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order

(Northern Ireland) 1990

Chairman:

Date and place of hearing: 14 November 2007, Belfast.

Date decision recorded in register and issued to parties: