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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McEvoy v Mr Nigel Leckey t/a Lurgan Kit... [2010] NIIT 06584_09IT (15 March 2011) URL: http://www.bailii.org/nie/cases/NIIT/2011/06584_09IT.html Cite as: [2010] NIIT 6584_9IT, [2010] NIIT 06584_09IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 6584/09
CLAIMANT: Ciaran McEvoy
RESPONDENTS: 1. Mr Nigel Leckey t/a Lurgan Kitchen Company
(in Bankruptcy)
2. Moore Stephens
DECISION
The decision of the tribunal is that:-
(1) The first-named respondent is ordered to pay to the claimant the sum of £4,338.00 made up of £1,980.00 in respect of a redundancy payment and £2,358.00 in respect of a payment in lieu of notice.
(2) The second-named respondent is ordered to be dismissed from these proceedings.
Constitution of Tribunal:
Chairman (sitting alone): Mr Neil Drennan QC
Appearances:
The claimant appeared in person and was not represented.
The respondents did not appear and were not represented.
Reasons
1.1 The claimant presented a claim to the tribunal on 16 July 2009, in which he made a claim for a redundancy payment and/or a payment in lieu of notice. The respondents did not enter a response to the claimant’s claim. The first-named respondent was the claimant’s employer and the second-named respondent is the receiver appointed upon the first-named respondent’s bankruptcy. By Order of Master Kelly dated 13 January 2011, the claimant was given leave to continue these proceedings against the first-named respondent, the title of which I have amended as set out above, and as contained in the Master’s Order.
2.1 Having heard evidence from the claimant, insofar as relevant and material, I found:-
(a) The claimant was born on 14 October 1982; and not 1983, as stated in his claim form. He was employed under a contract of employment by the first-named respondent as a kitchen fitter from on or about 1 July 1999 until 8 September 2008. At the date of the termination of his employment he was earning £335.00 gross per week and £262.00 net per week. I am satisfied, on the evidence produced to me, that the claimant’s pay-slips from the first-named respondent from in or about 2000 until the termination of his employment showed that the first-named respondent was making relevant deductions in respect of income tax and National Insurance from the gross weekly pay due to the claimant from the first-named respondent. I am further satisfied that, until the termination of his employment, the claimant believed the first-named respondent was making the sums, deducted as set out in the pay-slips to the relevant authorities; and it was only after the said termination he became aware the first-named respondent may have failed to pay the sums, so deducted, to the relevant tax authorities. Any failure by the first-named respondent to properly account to the relevant tax authorities for any such deductions made by the first-named respondent is not a matter for this tribunal on foot of the claimant’s claims against the first-named respondent.
(b) I am satisfied the claimant’s employment was terminated without notice by the first-named respondent on 8 September 2008 on the grounds of redundancy, when the first-named respondent ceased to carry on his business and was made bankrupt.
2.2 I am satisfied, in the circumstances, the second-named respondent is no longer directly interested in the proceedings and I therefore order the second-named respondent be dismissed from the proceedings.
3.1 In light of the foregoing, I am satisfied the claimant is entitled to be paid by the first-named respondent, and I so order, the sum of £4,338.00 made up as follows:-
(a) Redundancy payment :-
6 x £330.00 (subject to statutory cap) = £1,980.00
(b) Payment in lieu of notice :-
9 x £262.00 = £2,358.00
Total £4,338.00
3.2 This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 9 March 2011, Belfast
Date decision recorded in register and issued to parties: