Industrial Tribunals Northern Ireland Decisions

 

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 6897/09         

 

 

CLAIMANT:                Vanessa Barron                    

 

 

RESPONDENT:          Colin Howell

 

 

DECISION

 

The unanimous decision of the tribunal is that the claimant is entitled to redundancy, notice and holiday payments to the total of £7658.00.

 

 

 

 

Constitution of Tribunal:

 

Chairman (Sitting alone): Mrs Watson          

                                       

 

Appearances:

 

The claimant appeared in person

 

The respondent did not appear and was not represented

 

 

 

 

1.       FACTS

 

(1)            The claimant was employed by the respondent at the Causeway Dental Implant Studio from March 1999 until January 2009 as Practice Manager. She was then asked to continue her employment until the end of March 2009 dealing with the closure of the practice after the respondent had left.

 

(2)            At the date of termination of her employment, 31 March 2009, the claimant had 10 years service during which time she was aged over 21 years. The claimant provided pay slips to the tribunal showing her salary was £498 per week gross, £378 net. She did not receive notice pay or holiday pay. She was entitled to receive a Redundancy Payment under Article 197 of the Employment Rights (Northern Ireland) Order 1996. The cap on weekly pay at the date of termination was £350.

 

(3)            Under the Working Time Regulations employees are also entitled to holiday entitlement for each month of the leave year worked.  In this case, the claimant worked for 3 months and is entitled to one quarter of her annual entitlement of 4 weeks.

 

 

 

2.       DECISION

 

The claimant’s entitlement is as follows;

 

Redundancy Payment    10 x 1 x £350  =  £3500.00

 

Notice Pay                      10 x       £378  =  £3780.00

 

Holiday Pay                     1   x      £378  =  £  378.00 

 

                                                    Total   =  £ 7658.00

 

 

3.       INTEREST

 

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.  

 

 

 

 

Chairman:

 

 

Date and place of hearing:         30 November 2009, Belfast.

 

 

Date decision recorded in register and issued to parties: