THE INDUSTRIAL TRIBUNALS

CASE REF:	2685/11

CLAIMANT:			Ronald Elliott

RESPONDENT:		B Mullan & Sons Contractors Limited

DECISION
The decision of the tribunal is that the claimant is entitled to notice pay of £3,638.36.

Constitution of Tribunal:
Chairman (sitting alone):		Mr P Kinney

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

Findings of fact 

1.	The claimant was employed by the respondent from 17 October 1990 until his employment ended on 23 September 2011.  The claimant received a letter from his employer dated 15 September 2011 saying he was being made redundant from 23 September 2011.  The claimant received one week’s notice pay.  At the date of termination the claimant’s net weekly wage was £330.76 per week.  The claimant received his redundancy payment.  His only claim is for notice pay.

2.	The correct title of the respondent is:-

		B Mullan & Sons Contractors Limited;

	and I amend the title accordingly.

3.	By virtue of Article 118(1)(c) an employee is entitled to receive not less than 12 weeks’ notice if his period of continuous employment is 12 years or more.  In this case the claimant is entitled to 12 weeks’ notice, of which he has been paid for one week.  The claimant is therefore entitled to 11 weeks’ notice pay at his net weekly wage, making total notice pay due of £3,638.36.

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

Chairman:

Date and place of hearing:	13 June 2012, Belfast

Date decision recorded in register and issued to parties: