Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   1022/11

 

 

 

CLAIMANT:                      Arthur John Templeton 

 

 

RESPONDENT:                KPD Calibre Ltd

 

 

 

DECISION

The tribunal finds that the claimant is entitled to compensation in the sum of £15,195.00 in respect of redundancy payment, arrears of notice pay, arrears of pay, expenses and holiday pay.

 

Constitution of Tribunal:

Chairman (sitting alone):           Mrs Ó Murray       

 

Appearances:

The claimant appeared in person.

 

The respondent did not appear and was not represented.

 

 

The Claim

 

1.       The claimant’s claim was for redundancy payment, arrears of pay, arrears of holiday pay, notice pay and outstanding expenses.

 

2.       The claimant explained that he had no access to most of the documents relevant to his pay and for this reason he had estimated his earnings for the last few months.  The P60 for 2009 and the payslip for May 2010 showed that the claimant overestimated his commission for the last few months of his employment.  I considered the evidence of the claimant together with the documentary evidence  produced by him to find the following facts to calculate his compensation as set out below.

 

3.       The claimant’s dates of employment were 7 July 2004 to 8 September 2010.

 

The claimant’s age at the effective date of termination was 51.

 

The number of full years in employment is 6.

 

The claimant’s gross pay including guaranteed commission was £1,156.00 per month.

 

The gross weekly pay was therefore £267.00.

 

The net monthly pay was £958.00.

 

The net weekly pay was therefore £221.00.

 

The net daily pay was therefore £44.20.

 

Redundancy Calculation

 

4.       6 years x 1½ x £267.00 gross pay = £2,403.00.

 

Holiday Pay

 

5.       The entitlement under the contract was 37 days’ holidays including statutory holidays.  The holiday year ran from January to January.

 

6.              In 2009 the balance due to the claimant was 28 days.

 

7.       The calculation of holiday arrears for that year is as follows:

 

          28 days x £44.20 net pay   =                            £1,237.60

 

8.       In 2010 the claimant left 8.25 months into the leave year.  The calculation therefore is as follows:

 

          8.25 x 37 =                                                      25

           12

          Deduct holidays taken                                      12 days

 

          Balance Due                                                    13 days

 

          X net pay                                                        £44.20

          Sum due                                                       £574.60

 

          Total sum due for arrears of holiday pay      £1,812.00  (rounded down)

 

Notice Pay

 

9.       The claimant was entitled to a statutory notice which in his case amounted to six week’s pay.  The calculation is as follows:

 

          6 x £221.00   =                                           £1,326.00

 

 

Arrears of Pay

 

10.     Arrears of pay are due for the period from August 2009 to August 2010 calculated as follows:

 

          Net pay due: 13 months  x £958.00 net  =         £12,454.00

          Less pay received                                            £  4,100.00

                                                                                            ________

          Balance                                                           £  8,354.00

 

Expenses

 

11.     The claimant was owed outstanding expenses for the period May to September 2010 in respect of accommodation and food payments made by him during business trips to Great Britain.  The total sum due is £1,300.00.

 

Summary

 

12.     Redundancy                                                    £  2,403.00

          Holiday Pay                                                     £  1,812.00

          Notice Pay                                                      £  1,326.00

          Pay Arrears                                                     £  8,354.00

          Expenses                                                        £  1,300.00

          Total compensation due is                                £15,195.00

 

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

 

 

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:    7 July 2011 at Belfast.

 

 

Date decision recorded in register and issued to parties: