THE INDUSTRIAL TRIBUNALS

CASE REF:  00325/09

CLAIMANT:			James Patton

RESPONDENTS:		1.  Martin Mullan
				2.  A.L.F. Builders Ltd

DECISION
The decision of the tribunal is that the claimant is entitled to £990 in respect of notice pay, £330 holiday pay, and £2,820 redundancy pay, totalling £4,140.

Constitution of Tribunal:
Chairman (Sitting Alone):		Mr S A Crothers

Appearances:
The claimant was present and represented himself.  
The respondent did not enter a response to the claim and was not present at the hearing.

THE CLAIM

 1.	The claimant’s claim is crystallised in his letter of grievance to the first-named respondent dated 2 January 2009 as follows:-

	“Martin I have just received a letter from the Redundancy Payment Service stating that I have to apply to you in writing concerning any redundancy payments, any payments in lieu of notice and holiday pay that I am entitled to.  I have already discussed these with your credit controller Carol Martin who took note it was one and a half weeks for each full year I was employed by you, three weeks in lieu of notice and holiday pay from July until November, they have also informed me that if I don’t hear from you within twenty eight days I have to apply to an industrial tribunal.  I don’t wish to do this as I had no problem in my time of employment by you and would consider this step would more than likely lead to ill-feeling.which is something I am trying to avoid.”

THE ISSUES

 2.	The issues before the tribunal were as follows:-

(i)	Is the claimant entitled to a redundancy payment?

(ii)	Is the claimant entitled to a payment in lieu of notice?

(iii)	Is the claimant entitled to holiday pay?

SOURCES OF EVIDENCE

 3.	The tribunal heard evidence from the claimant and considered correspondence referred to by him in the course of his evidence.

FINDINGS OF FACT

 4.	Having considered the evidence insofar as same related to the issues before it, the tribunal made the following findings of fact on the balance of probabilities:-

The claimant was aged 54 at the date of termination of his employment.  Although he named Martin Mullan as the sole respondent in his claim to the tribunal, he did refer to A.L.F. Builders.  He confirmed that Martin Mullan was a director in a Limited Company known as A.L.F. Builders Ltd and the title of the respondent was amended to that shown above.  The second-named respondent is not legally insolvent but has ceased trading.  The claimant was earning £470 gross per week (£330 net) as a lorry driver.  There had been a downturn in the building trade.  He was informed by the first-named respondent on 24 October 2008 that he was no longer required and was sent home around midday.  He phoned the first-named respondent on Tuesday 25 October and was told to stay at home.  He was then informed by the first-named respondent on Wednesday 26 October that he was being paid off.  However, he was fully paid for week ending 31 October 2008.  He confirmed that he treated this payment as payment of one week’s notice and therefore, based on his length of service, claimed a further three week’s notice pay.  He also had one week’s holiday due to him.

THE LAW

 5.	The tribunal considered the relevant provisions in the Employment Rights (Northern Ireland) Order 1996 in relation to redundancy together with the relevant provisions of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 in relation to breach of contract.

CONCLUSIONS

 6.	Having considered the evidence and the facts as found the tribunal concluded as follows:-

(i)	The claimant is entitled to a redundancy payment calculated as follows:-

on the termination of his employment he had four years complete service and was aged 54.  His pay was £470 gross per week (£330 net).  

The appropriate multiplier for calculating his redundancy payment is:-

£470  x  6  =  £2,820.

	(ii)	The claimant, by virtue of his service, is entitled to three weeks further notice pay at £330 per week, amounting to £990.

	(iii)	I further order the respondents to pay to the claimant the sum of £330 in respect of holiday pay.

	(iv)	The total amount to be paid by the claimant is therefore £4,140.

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

Chairman:

Date and place of hearing:	29 April 2009, Belfast.

Date decision recorded in register and issued to parties: