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	Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Colgan v Select Management and Security... [2016] NIIT 02422_15IT (13 January 2016) URL: http://www.bailii.org/nie/cases/NIIT/2016/02422_15IT.html Cite as: [2016] NIIT 02422_15IT, [2016] NIIT 2422_15IT

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THE INDUSTRIAL TRIBUNALS

 

CASE REF:  2422/15

 

 

CLAIMANT:                          Stephen Colgan

 

 

RESPONDENTS:               (1) Select Management and Security

(2) Select Management Security Ltd (In Liquidation)

                                               

 

 

DECISION

(A)       The claimant withdrew all of his claims with the exception of his notice pay claim and his unfair dismissal claim.  Accordingly, all of those “other” claims, against both respondents, are dismissed.

 

(B)       “Select Management and Security” is merely a trade name.  Accordingly, the claimant’s remaining claims (his notice pay and unfair dismissal claims) against “Select Management and Security” are dismissed.

 

(C)      The claimant’s notice pay claim against the first-named respondent (“the Company”) is well-founded.  It is ordered that the Company shall pay to the claimant the sum of £900 in respect of notice pay.

 

(D)      The claimant’s unfair dismissal claim against the Company is well-founded.  It is ordered that the Company shall pay to the claimant the sum of £2,460 as compensation in respect of that dismissal.  (That overall sum consists of a £1,960 basic award and a £500 compensatory award).

 

Constitution of Tribunal:

Employment Judge:          Employment Judge Buggy                    

Members:                             Ms D Adams

                                                Mr R Hanna

 

Appearances:

The claimant was represented by Mr E Peters, Barrister-at-Law, instructed by Tim McQuoid, Solicitor.

Neither of the respondents was represented.

 

REASONS

 

1.         This decision was announced at the end of the hearing.  At the same time, oral reasons for this decision were given.

 

2.         The case was very well-argued, on behalf of the claimant, by Mr Peters. 

 

3.         The compensatory award element of the unfair dismissal award consists of an amount for loss of statutory rights, which has been uplifted because of the failure of the respondent to comply with the statutory dismissal procedure.

 

4.         The basic award has been augmented pursuant to sub-paragraph (a) of paragraph (1A) of Article 154 of the Employment Rights (Northern Ireland) Order 1996.

 

5.         The compensation award in this case is based on £490 weekly gross pay and net pay of £450 per week.

 

6.         The Recoupment Regulations do not apply in the circumstances of this case.

 

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

 

 

 

 

Employment Judge:

 

 

Date and place of hearing:          8 January 2016, Belfast.

 

 

Date decision recorded in register and issued to parties: