THE INDUSTRIAL TRIBUNALS

CASE REF:  00845/08

CLAIMANT:			Michael Jonathan Cardwell

RESPONDENT:		Beatties Distribution Services Limited

DECISION
The unanimous decision of the tribunal is that the respondent shall pay the claimant £886.08 in respect of his claims of unauthorised deductions from his wages, right to paid annual leave and breach of contract.

Constitution of Tribunal:
Chairman:		Ms Bell
Members:		Mr Lysk
			Dr Eakin

Appearances:
The claimant appeared in person.
The respondent was not present and was not represented.

 1.	The claimant complained in his claim to the tribunal that he was owed 16 days unpaid wages, 5 days holiday pay, one week of notice pay and that he had never received a written statement of particulars of employment.  At hearing the claimant however confirmed that he agreed with the particulars set out in the respondent’s response save in respect of his notice pay entitlement and grievance letter, that he was not seeking payment for overtime nor did he wish the tribunal to determine what particulars ought to have been included in a written statement of particulars of employment.

 2.	The title of the proceedings is amended to Beatties Distribution Services Limited to accord with the response entered in relation to the proceedings Michael Jonathan Cardwell  -v-  Steven Beattie.

Issues

 3.	The remaining issue for the tribunal is whether, in addition to agreed outstanding wages and holiday pay, the claimant is entitled to pay for the period 13-16 May 2008.

Sources of Evidence

 4.	The tribunal heard from the claimant, considered the claim, response and documentation handed in by the claimant.

Findings of Fact

 5.	The claimant was employed by the respondent as a warehouse operative forklift driver receiving £1,500 gross per month being £55.38 net per day.

 6.	On Monday 12 May 2008 the claimant gave a letter of resignation to Steven Beattie on behalf of the respondent company, indicating his intention to leave work on 16 May 2008.

 7.	The claimant worked for the respondent on 12 May 2008, but that afternoon was called up to Steven Beattie’s office.  A verbal altercation took place, the claimant was told he could work his notice but he would not be paid for it and was asked to leave the office.  The respondent’s warehouse manager then told the claimant that Steven Beattie did not want him to work his notice, did not want to see him again and asked him to leave the premises.
	
8.	The claimant sent a grievance letter on 14 May 2008 to Mr Beattie seeking payment in lieu of one week’s notice, outstanding wages and holiday pay.

 9.	The claimant was ready and willing to work up to 16 May 2008 but did not do so as a result of the actions of Steven Beattie and the warehouse manager on behalf of the respondent.

 10.	It was common case that on termination of his employment the claimant was due eight days wages from 1 -12 May 2008 and four days holiday pay, this payment had not been made as at the hearing date.

Legislation

11.	Under Article 3 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 proceedings may be brought before an Industrial Tribunal in respect of a claim of an employee for the recovery of damages or any other sum for a breach of contract where the claim arises on the termination of the employee’s employment.

Application of Law to Facts

12.	It is a principal duty of an employer at common law to pay wages agreed between the parties as part of the contract of employment, conditional upon the employee providing appropriate consideration in the form of work or in certain circumstances merely being ready and willing to perform work.  On the basis of the claimant’s undisputed oral evidence the tribunal is satisfied that the claimant was ready and willing to perform work for the respondent up to his given notice date of 16 May 2008 but did not attend work after having been told to leave the premises and that if he worked his notice he would not be paid for it.

Conclusion

13.	The tribunal finds, the respondent has breached the claimant’s contract of employment in failing to pay wages for the notice period given by the claimant for which the claimant was ready and willing to perform work.  The respondent shall pay the claimant the following:

	Wages	1 - 12 May 2008:		      8 days  x  £55.38	=	£443.04

	Holiday pay			    :		      4 days  x  £55.38	=	£221.52

	Notice pay	13 May 2008 - 16 May 2008:    4 days  x  £55.38	=	£221.52

									         TOTAL		£886.08

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

Chairman:

Date and place of hearing:	3 October 2008, Belfast.

Date decision recorded in register and issued to parties: