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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Allen v Abbey Insulation Services Sean Heaney Patrick Heaney Seamus Heaney [2011] NIIT 00996_11IT (11 August 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/996_11IT.html Cite as: [2011] NIIT 996_11IT, [2011] NIIT 00996_11IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 996/11
CLAIMANT: Gregory David Allen
RESPONDENTS: 1. Abbey Insulation Services
2. Sean Heaney
3. Patrick Heaney
4. Seamus Heaney
DECISION
The decision of the tribunal is that the claimant is entitled to five weeks’ notice pay amounting to £1,512.15 and to a redundancy payment of £1,900.00.
Constitution of Tribunal:
Chairman (sitting alone): Mr S A Crothers
Appearances:
The claimant appeared and represented himself.
The respondents did not appear and were not represented. The second-named respondent had presented a response to the claim.
Claim
1. The claimant claimed that he was entitled to a redundancy payment and notice payment. The response presented to the tribunal indicated that the respondents would not be resisting the claim and would not be attending the hearing.
The Issues
2. The issues before the tribunal were as follows:-
(1)
Whether the claimant is entitled
to a sum in respect of notice pay.
(2) Whether claimant is entitled to a redundancy payment.
Sources of Evidence
3. The tribunal heard evidence from the claimant and considered relevant documentation in the course of the hearing, including the response presented to the tribunal.
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:-
(i)
The claimant commenced employment
with the first-named respondent on
3 May 2005 until 21 January 2011, being the effective date of termination of
his employment. The claimant’s date of birth is 22 November 1971. His gross
weekly was £393.75, (£302.43 net).
(ii) The tribunal is satisfied that the claimant was made redundant by the first-named respondent and that he did not receive a redundancy payment or notice pay.
(iii) The claimant presented his claim to the tribunal on 18 April 2011.
The Law
5. (i) Article 170 of the Employment Rights (Northern Ireland) Order 1996 (“the Order”) states as follows:-
“170. - (1) An employer shall pay a redundancy payment to any employee of his if the employee:-
a. Is dismissed by the employer by reason of redundancy, …
(2) Paragraph (1) has effect subject to the following provisions of this Part (including, in particular, Articles 175 - 179, 184 - 187, 190 - 196 and 199).”
(ii) Article 180(5) of the Order provides as follows:-
“Where -
a. the contract of employment is terminated by the employer;
b. the notice required by Article 118 to be given by an employer would, if duly given on the material date, expire on a date later than the relevant date (as defined by the previous provisions of this Article).
For the purposes of Articles 23(3), 190 and 197(1) the later date is the relevant date.”
(iii) Article 180(6) provides that “the material date” means the date when notice of termination was given by the employer, or where no notice was given, the date when the contract of employment was terminated by the employer.
(iv) Article 197
of the Order provides for the amount of redundancy payment.
(v) The tribunal also considered the provisions of the Order relating to unlawful deductions from wages.
(vi) The provisions in relation to breach of contract are contained in the Industrial Tribunal’s Extension of Jurisdiction Order (Northern Ireland) 1994.
Conclusions
6. Having applied the relevant principles of law to the findings of fact, the tribunal concludes that the claimant is entitled to five weeks’ notice pay (£302.43 x 5) = £1,512.15. In relation to a redundancy payment, the claimant had five complete years employment with the first-named respondent and is entitled to five weeks’ gross pay by way of redundancy payment (£380 x 5) = £1,900.00.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 25 July 2011, Belfast.
Date decision recorded in register and issued to parties:
