THE INDUSTRIAL TRIBUNALS 

CASE REF:	1630/05

CLAIMANT:	Michael Ramshaw			

RESPONDENTS:	1.	Nigel Cousins t/a Mallusk Accident & Repair Centre	2.	Redundancy Payments Service		

DECISION

The unanimous decision of the tribunal is that the first-named respondent shall pay to the claimant the sum of £508.68 in respect of holiday pay and £108.00 in respect of outstanding wages, making £616.68 in total.

Constitution of Tribunal:

Chairman (sitting alone):		Mr Davey

			

Appearances:

The claimant appeared in person.

There was no appearance by or on behalf of the first respondent.  

The second respondent was represented by Ms P Baird.

1.	The claimant had originally claimed a redundancy payment and notice pay.  He accepted that this had now been paid.  Accordingly those claims are dismissed.  The claimant also claimed outstanding holiday pay and outstanding wages.  The claimant’s evidence, which the tribunal accepted, was that his holiday entitlement ran from the year 1 January to 31 December.  This was different to employees who had originally been employed in another centre owned by the employer at Ballyrobert.  The claimant was entitled to 15 days holidays plus statutory holidays accruing at two days per month throughout the year.  On this basis he had accrued a total of 16.42 days holiday prior to his dismissal on 5 December 2005 of which he had already taken seven prior to Easter 2005 and the remaining five during the Summer after April 2005.  

2.	Accordingly the tribunal finds that the claimant is, as against the first respondent, entitled to 9.42 days holiday pay.  The claimant’s net weekly wages were      £270.00 per week or £54.00 per day.  Accordingly he is entitled by way of holiday pay to £54.00 x 9.42 or £508.68.  However the situation as against the second respondent would be governed by the provisions of Article 229 and 230 of the Employment Rights (Northern Ireland) (Order) 1996 and his entitlement would extend only to holiday pay accrued during the 12 months ending with the date on which the first respondent became insolvent, namely 28 April 2006.

3.	As regards outstanding wages the claimant’s evidence, which the tribunal accepted, was that wages were paid from Thursday morning to Wednesday evening when the week’s time was taken.  The times were made up on Thursday and payment in most cases was made into the employee’s bank accounts on the Friday.  The last pay the claimant received had been on the Friday prior to Monday 5 September 2005.  The claimant’s contract of employment was terminated first thing on Monday morning.  On this basis the contract of employment was not operative during the course of Monday but the claimant had not been paid for the previous Thursday and Friday.  Accordingly he was entitled to 2 days pay at £54 per day as stated above as against the first respondent.  The total amount due in respect of outstanding wages is £108.00.

4.	Recoupment

	No question of recoupment arises.

5.	Interest

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

Chairman:

Date and place of hearing:	7 December 2006, Belfast

Date decision recorded in register and issued to parties: