THE INDUSTRIAL TRIBUNALS

CASE REF:	2100/10

CLAIMANT:			Steven Richardson

RESPONDENT:		Trusty Products

DECISION
The unanimous decision of the tribunal is that the claimant is entitled to unpaid wages in the sum of £1,465.29 and to unpaid holiday pay in the sum of £346.14.

Constitution of Tribunal:
Chairman:		Mr P Kinney
Members:		Mr Anthony Carlin
			Ms Elizabeth Gilmartin 

Appearances:
The claimant appeared in person and represented himself.
The respondent did not appear and was not represented.

Issues

1.	The claimant makes claims for unauthorised deductions from wages and holiday pay.  The respondent did not enter a response and therefore was not entitled to take part in the proceedings other than as set out in Rule 9 of the Industrial Tribunals Rules of Procedure 2005.  

2.	The claimant gave evidence.  He commenced employment with the respondent on 19 April 2010 and his employment terminated on 28 June 2010.  The tribunal accepted that the respondent’s name was Mr Mervyn Coulson and the title of the respondent is amended to:-

		Mr Mervyn Coulson, Trading as Trusty Products

3.	The claimant had verbally agreed his income with the respondent as a net pay of £1,250.00 per month.  There was no written contract.  The claimant received the sum of £1,034.71 for May with no explanation of the shortfall in wages of £215.29 and did not receive his wages for June.  

4.	He had a statutory annual entitlement of 28 days’ holidays and had taken one day’s holiday during his employment.  He did not seek notice pay.  He did not dispute the employer’s termination of his contract for gross misconduct.  In those circumstances notice pay would not be appropriate.

5.	The tribunal, having heard the evidence of the claimant, is satisfied that the wages and holiday pay sought are properly due from the respondent, Mervyn Coulson.  The tribunal therefore orders that the respondent will pay the sum of £1,465.29 for unpaid wages.  The claimant was entitled to seven days’ holidays and having taken one day he is entitled to pay for six days’ holidays.  The daily rate of pay is calculated by the tribunal at £57.69 and the claimant is therefore entitled to holiday pay of £346.14.

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

Chairman:

Date and place of hearing:	4 January 2011, Belfast

Date decision recorded in register and issued to parties: