THE INDUSTRIAL TRIBUNALS

CASE REF:    1437/13  

CLAIMANT:	Rodney Ian Caskey

RESPONDENT:	David Hutchinson and Sons Ltd

DECISION

(A)	The claimant’s claim in respect of holiday pay is well-founded and it is ordered that the respondent company (“the Company”) shall pay to the claimant the sum of £360 in respect of holiday pay.

(B)	The claimant’s claim for notice pay is well-founded and it is ordered that the Company shall pay to the claimant the sum of £293 in respect of notice pay.

(C)	The claimant’s redundancy pay claim against the respondent is well-founded and it is declared that the Company is liable to make a redundancy payment of £7,560 to the claimant.

Constitution of Tribunal:

Chairman (sitting alone):	Mr P Buggy

Appearances:

The claimant was self-represented.

The Company was represented by Mr David Hutchinson.

REASONS

1.	Mr Hutchinson accepted that the claimant’s claims in respect of holiday pay, notice pay and redundancy pay were well-founded.  The only dispute in this case related to the amounts of holiday pay, notice pay and redundancy pay due to the claimant.  Mr Hutchinson argued that the amounts payable to the claimant should be based on the weekly amounts paid to him while he was on short-time working.  Mr Caskey argued that his holiday pay, notice pay and redundancy pay should be calculated on the basis of the weekly gross and net pay due to him during the period prior to the commencement of short-time working.

2.	The claimant was on short-time working for some time prior to the date of his dismissal.  However, I have awarded compensation based on his full-time wages, mainly for two reasons.  First, I have applied the principles which are set out in the Employment Appeal Tribunal judgment in Dutton  v Jones t/a Llandow Metals UKEAT/0236/12/ZT.  Secondly, I consider it to be far from clear that the Company had any contractual entitlement to impose short-time working upon this claimant.

3.	This Decision is based on the following information:

Gross weekly pay:	£360	
		
Net weekly pay:	£293	
		
Number of actual completed years of service:	27	
		
Age on date of dismissal:	43	
		
Multiplier (for redundancy pay):	21	

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

Chairman:

Date and place of hearing:        16 September 2013, Belfast.

Date decision recorded in register and issued to parties: