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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McBride v John Simms Resolutions (NI) Ltd Positive Solutions (NI) Ltd [2011] NIIT 00896_11IT (21 December 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/00896_11IT.html Cite as: [2011] NIIT 00896_11IT, [2011] NIIT 896_11IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 896/11
CLAIMANT: Hugh Ronald McBride
RESPONDENTS: 1. John Simms
2. Resolutions (NI) Ltd
3. Positive Solutions (NI) Ltd
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to £9,272.56 in respect of redundancy pay and unpaid wages and that this is due from Positive Solutions (NI) Ltd as the claimant’s employer.
Constitution of Tribunal:
Chairman (sitting alone): Ms F Oliver
Appearances:
The claimant appeared in person.
The first named respondent appeared on behalf of all three respondents.
SOURCES OF EVIDENCE
1. The tribunal considered the Claim and the Response and also heard oral evidence from the claimant and the first respondent. The claimant also provided pay slips.
THE CLAIM AND THE DEFENCE
2. The claimant was unsure as to the correct name of his employer. The first respondent contended that the third respondent was the employer. He indicated that the correct title of the employer was Positive Solutions (NI) T/A Resolutions (NI) Ltd.
THE ISSUES
3. The main issue for the tribunal is the correct name of the claimant’s employer.
4. The parties accept that the claimant is owed £5,717.56 in respect of unpaid wages and £3555.00 in respect of redundancy pay.
Findings of fact
5. The claimant was initially employed by Industrial Solutions Ltd on 15 November 2004. On 1 June 2005, the claimant moved to a different place of work in Balloo Drive Bangor. It is accepted that the claimant’s employment transferred to Positive Solutions NI as the claimant has provided payslips confirming that this is the name of the employer. The claimant’s work colleague provided a Letter of Offer on the headed notepaper of Positive Solutions (NI) Ltd.
6. The claimant was then employed to work from premises at Balloo Drive in Bangor as a sign maker.
7. In 2008, the business suffered a downturn and from April 2008, the claimant was not paid his full wages. This continued until the claimant was made redundant on 11 January 2011.
8. On 10 September 2010 the claimant wrote to Mr Simms as the Managing Director of Positive Solutions (NI) setting out his grievance regarding unpaid wages. The letter also notes that there appeared to be an intention to run down and close the business of Positive Solutions where he was employed.
9. Part of the business moved to a new address in Donaghadee sometime before Christmas 2010 and the claimant worked from the Donaghadee premises for a short time before being made redundant.
10. On 15 November 2010 the claimant wrote again to Mr John Simms as Managing Director of Positive Solutions (NI) at the Balloo Drive address again seeking his unpaid wages.
11. The claimant provided pay slips up to the date of his dismissal. All pay slips referred to Positive Solutions (NI).
12. The first respondent commenced trading as a new business, Brook House Art and Design, from the same premises as Positive Solutions (NI) sometime between June 2010 and December 2010 and the first respondent was certainly evasive about the relationship between the various businesses with which he was involved.
The Decision
13. The tribunal finds that the correct name of the employer is Positive Solutions (NI) Ltd as this is the name on the employer’s Letter of Offer of employment to the claimant’s colleague. There was insufficient evidence to convince the tribunal that the claimant’s employment had transferred to the new business, Brook House Art and Design.
14. The claimant was aged 64 at the date of dismissal, he had six years of service and he was earning £395 gross per week. His redundancy payment is therefore £3,555.00
15. The tribunal accepts that the claimant was not paid his full wages from April 2008 and at the date of dismissal he was owed £5717.56 in respect of unpaid wages.
16. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 15 September 2011
Date decision recorded in register and issued to parties:
