THE INDUSTRIAL TRIBUNALS

CASE REF:    1576/13  

CLAIMANT:	James McNeill

RESPONDENT:	Chris Turtle, t/a Turtle Transport

DECISION

The unanimous decision of the tribunal is that the respondent is liable to pay the claimant the sum of £2,200.00, as set out at paragraph 5 of this decision.

Constitution of Tribunal:

Chairman  (Sitting alone):	Miss E McCaffrey

Appearances:

The claimant appeared in person.

The respondent had not lodged any response.  However, Mr Chris Turtle attended the hearing.

1.	This was a claim by the claimant for arrears of pay, holiday pay and notice pay.

2.	Mr Turtle, who attended although he had not lodged a response, confirmed to me that he was not at that stage formally in an Individual Voluntary Arrangement (IVA).  He indicated he was to attend a meeting that afternoon with a view to going into an IVA.

3.	I explained to the claimant what an IVA was and that because Mr Turtle was not actually in an IVA at this stage, I would go ahead and deal with this case.  I pointed out to him that if Mr Turtle then went into an IVA this would change his status from the point of view of solvency, and that the claimant would need to seek further advice on how to proceed next.

4.	On the basis of the information provided by Mr Turtle, I confirmed that the name of the respondent is Chris Turtle, t/a Turtle Transport and I order that the name of the respondent be amended accordingly.  Mr Turtle also provided payslips for the claimant.

5.	I find that the claimant’s claims are well-founded as follows:-

	The claimant was paid £658.54 gross per week, £550.00 net.

	He had less than one year’s service with the respondent and the amounts due to him were as follows:-

(1)	A lying week’s pay:	£550.00		
				
(2)	Holiday Pay (agreed between the parties):	£1,100.00		
				
(3)	Notice Pay  -  One week:	£550.00	£2,200.00	

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

Chairman:

Date and place of hearing:        October 2013

Date decision recorded in register and issued to parties: