THE INDUSTRIAL TRIBUNALS

CASE REF:	2858/10

CLAIMANT:	Philip Topping

RESPONDENT:	James Neagle, T/A DOCSOL Media Centre/Good News Centre

DECISION

The Industrial Tribunal awards the claimant £492.81, being £197.13 for unpaid wages; £197.13 for unpaid notice pay and £98.55 for untaken holidays.

Constitution of Tribunal:

Chairman (sitting alone):		Mr Brian Greene

Appearances:
The claimant appeared in person.

The respondent was neither in attendance nor presented.

Sources of Evidence

1.	The tribunal heard from the claimant.  It also had regard to the claimant’s claim form.  The respondent did not enter a response.

The Claim and the Defence

2.	The claimant claimed unfair dismissal, a redundancy payment, unauthorised deduction from wages, holiday pay and notice pay.

3.	The tribunal was satisfied that the respondent had been notified of today’s hearing.

4.	In the course of the hearing the claimant withdrew his claims for unfair dismissal and a redundancy payment.

5.	The respondent’s title is amended to that shown above.

The Issues

(1)	Whether the claimant suffered an unauthorised deduction from wages.

(2)	Whether the claimant is entitled to be paid for untaken holidays.

(3)	Whether the claimant is entitled to notice pay.

Findings of Fact

5.	(1)	The respondent employed the claimant from 30 August 2010 until 9 October 2010 as a computer operator/printer.

	(2)	The claimant earned per week £232 gross and £197.13 net.

(3)	On 9 October 2010 the respondent dismissed the claimant without notice.  The respondent informed the claimant that he would send out to him any monies to which he was entitled.

(4)	The following week the claimant received two cheques for £197.13 which related to his last week of employment and to his first week of employment as he was required to working a lying week.

(5)	The cheque dated 8 October 2010 for £197.13 was referred to the drawer by the bank and the claimant has not been paid that amount.

(6)	The claimant did not take any holiday leave during his period of employment.  He is entitled to 2½ days leave.

(7)	The claimant did not receive any notice pay from his employer.

The Law

(1)	An employer shall not make a deduction from the wages of an employee unless authorised to do so by agreement of the employee or by operation of law (Article 45 the Employment Rights (Northern Ireland) Order 1996).

(2)	Failure to pay an amount of wages properly due to an employee amounts to an unlawful deduction of wages (Article 45(3) the Employment Rights (Northern Ireland) Order 1996).

(3)	Wages for the purposes of an unlawful deduction from wages claim includes holiday pay (Article 59(1) the Employment Rights (Northern Ireland) Order 1996).

(4)	An employee is entitled to one week’s notice if he has been working for not less than two years (Article 118 The Employment Rights (Northern Ireland) Order 1996).

(5)	An employee is entitled to be paid any sum due to him on the termination of his employment (Article 3 the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994).

Application of the Law and Findings of Facts to the Issues

6.	(1)	The claimant is entitled to be paid for his lying week which amounts to £197.13.

(2)	The claimant is entitled to one week’s notice which he did not receive and is therefore entitled to be compensated for that and that amount is £197.13.

(3)	The claimant is entitled to payment for 2½ days of holidays to which he was entitled and which he had not received payment for and this amounts to £98.55.

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

Chairman:

Date and place of hearing:	22 February 2011, Belfast.	

Date decision recorded in register and issued to parties: