THE INDUSTRIAL TRIBUNALS

CASE REF:	1154/08

CLAIMANT:			Frederick James Coburn

RESPONDENT:		1.	Furnifix Systems Limited (in receivership)
				2.	BDO Stoy Hayward (Liquidator)

DECISION
The unanimous decision of the tribunal is that the respondent shall pay the claimant £960 in respect of unpaid holiday pay.

Constitution of Tribunal:
Chairman:		Ms Bell	
Members:		Mr Irwin
			Mr Magennis

Appearances:

The claimant was not present and was not represented.

The first-named respondent was not present and was not represented.

The second-named respondent was not present and was not represented.

1.	The claimant complained in this claim that he was entitled to 20 days holiday pay in respect of his first year of employment, promised to be paid to him on termination of his employment.

2.	No response to the claim has been received from either respondent.

Issues

3.	The issue for the tribunal was:-

“Whether the claimant was entitled to payment in respect of four weeks annual leave for his first year of employment.”

Evidence

4.	The tribunal considered the claim and correspondence received from the claimant.

Findings of Fact

5.	The claimant was employed by the respondent as a wood machinist from 31 January 2000 to 15 April 2008 earning £300 gross per week being £240 net.

6.	When the claimant commenced work with the respondent an arrangement was made with the respondent that he would not receive his paid annual leave for the first year as the company was new, however should his employment end he would receive payment in lieu.

7.	The claimant did not receive a contract of employment or actual pay-slips from the respondent.

8.	On the termination of his employment the claimant wrote to the respondent on 28 April 2008 seeking payment in lieu of his holiday pay.

The Law

9.	Regulation 13(2)(c) of the Working Time Regulations (Northern Ireland) 1998 provides that the period of leave to which a worker is entitled in any leave year beginning on or after 23 November 1999 is four weeks.  Regulation 14(2) provides where the portion of leave taken by the worker is less than the proportion of the leave year which has expired, his employer shall make him a payment in lieu of leave.

Application of Law to the Facts

10.	The Tribunal is satisfied from the claimant’s undisputed evidence that the claimant is entitled to payment in lieu of 4 weeks holiday pay.  Accordingly the claimant is entitled to a payment calculated as follows:-

4 x £240 = £960

11.	This is a relevant decision for the purposes of the Industrial Tribunal’s (Interest) Order Northern Ireland 1996.

Chairman:

Date and place of hearing:	5 November 2008, Belfast	

Date decision recorded in register and issued to parties: