THE INDUSTRIAL TRIBUNALS
CASE REF: 1527/04
CLAIMANT: Joseph Campbell
RESPONDENT: Image Investments Ltd
DECISION
The unanimous decision of the tribunal is that the claimant was entitled to receive a redundancy payment in the sum of £1,300 and was entitled to a payment in lieu of notice pay in the sum of £1,312.20.
Constitution of Tribunal:
Chairman: Ms Crooke
Panel Members: Mr Lindsay
Mr McKenna
Appearances:
The claimant appeared in person and represented himself.
The respondent did not appear but entered a response dated 10 August 2004 which was considered by the tribunal in reaching its decision.
Sources of Evidence
- The tribunal heard evidence from the claimant and also viewed his pay slips.
The claim and the defence
- The claimant claimed that he had been unfairly dismissed, had suffered a breach of contract and failure to pay statutory redundancy.
- In its response, the respondent denied these claims and denied that the claimant had been dismissed. The respondent asserted that the Transfer of Undertakings (Protection of Employment) Regulations 1981 as amended applied to the claimant's contract.
The relevant law
- The relevant law is found in Articles 45 and 130 of the Employment Rights (Northern Ireland) Order 1996.
Findings of fact
- The claimant was employed by the respondent as an electrician/technician from October 1998 to January 2004. He had five completed years of service with the respondent at the time of cessation of his employment and was 27 years of age.
- In or around 31 January 2004 the claimant was told that his contract of employment was transferred under the Transfer of Undertakings (Protection of Employment) Regulations to Blackbourne Electrical Company Ltd.
- The claimant did not receive any notice of this but was simply told to report for work the following Monday with Blackbourne Electrical Company Ltd.
- The claimant's contract of employment was not taken up by Blackbourne Electrical Company Ltd.
Conclusions
- It was alleged to the claimant at the time of cessation of employment that his contract had been transferred under the Transfer of Undertakings (Protection of Employment) Regulations. This argument was also pursued on behalf of the respondent in the response to the tribunal dated 10 August 2004. However, the tribunal was not in possession of any objective evidence upon which it could decide that a transfer of employment had taken place. Although in a Case Management Discussion dated 5 April 2005, the tribunal considered that appropriate documentation could be produced to allow proper consideration of whether or not the contract of the claimant (amongst other contracts) transferred to Blackbourne Electrical Company Ltd, this claimant was not in possession of the appropriate documentation. He informed the tribunal that the only item he had received was a letter from the respondent at the time of cessation of employment telling him to report to Blackbourne Electrical Company Ltd. This company denied that a transfer took place.
- Accordingly, the tribunal considers that the claimant was dismissed by the respondent and the reason for the dismissal was the redundancy of the respondent's Service Department as it does not have any objective evidence upon which it can find a transfer took place.
- The tribunal finds that the claimant is entitled to a redundancy payment. The claimant had five completed years' of service with the respondent at the time of dismissal. He was 27 years of age and the whole of his five years' of service had been completed when he was in the age band of 22 years to 40 years. Accordingly, these facts entitle him to apply a multiplier of one to the redundancy calculation. At the time of dismissal, the claimant was earning £352 gross per week and this means that the statutory weekly maximum of £260 applies. Therefore his redundancy payment is calculated as follows:-
£260 x 1 x 5 = £1,300
- The claimant is also entitled to receive a notice payment in respect of five weeks nett pay. The claimant's nett weekly wage was £262.44 and accordingly he is entitled to a sum for pay in lieu of notice as follows:-
£262.44 x 5 = £1,312.20
- The tribunal has noted that the claimant was successful in becoming self-employed within three weeks of his dismissal.
- This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 3 July 2008, Belfast.
Date decision recorded in register and issued to parties:
