THE INDUSTRIAL TRIBUNALS

CASE REF:	713/11

CLAIMANT:			Kathleen Jackson

RESPONDENT:		Subz Ltd

DECISION
The decision of the tribunal is that the claimant is entitled to a statutory redundancy payment of £653.10, holiday pay of £374.32, notice pay of £374.32 and unpaid wages of £374.32, totalling £1,776.06.

Constitution of Tribunal:
Vice President (sitting alone):		Mr N Kelly
Appearances:
The claimant appeared in person and was not represented.
The respondent was represented by Mr Larry McGeady.

Issues

1.	The claimant claimed a statutory redundancy payment, unpaid wages, unpaid notice pay and unpaid holiday pay in connection with the termination of her employment on 7 January 2011.

2.	Mr McGeady was originally named as the respondent in this case.  He did not dispute the substance of the claim but submitted that he was not the correct respondent.

3.	After hearing evidence from both parties, and examining pay-slips and income tax documents, it was clear that the claimant had been originally employed by Salford Mill Ltd which operated a Subway franchise.  That company ceased trading on or about 13 July 2010 and the claimant’s employment transferred, by operation of law, under the Transfer of Undertakings (Protection of Employment) Regulations 1981 to Subz Ltd.  That employment continued until 7 January 2011 when it was terminated by reason of redundancy.

4.	The title of the respondent is therefore amended to Subz Ltd.

5.	The claimant’s gross weekly was £217.70 and her net weekly pay was £187.16.  She had worked for two complete years with the respondent and was 50 years of age when her employment was terminated.

6.	The claimant is entitled to a statutory redundancy payment of:-

		3 x £217.70						=		£653.10

7.	The claimant is entitled to 10 days contractual holiday pay:-

		10 x 187.16/5						=		£374.32

8.	The claimant is entitled to two weeks notice pay:-

		2 x £187.16						=		£374.32

9.	The claimant is entitled to two weeks unpaid wages:-

		2 x £187.16						=		£374.32

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

Vice President:

Date and place of hearing:	19 May 2011, Belfast

Date decision recorded in register and issued to parties: