THE INDUSTRIAL TRIBUNALS

CASE REFS:	507/12
1314/12

CLAIMANT:			William Allen Forbes

RESPONDENTS:		1.	Kongskilde UK Ltd
				2.	J F Stoll (UK) Ltd (in liquidation)

SECOND DECISION ON REMEDIES 
The respondent Kongskilde UK Ltd (“Kongskilde”) is ordered to pay the claimant the sum of £33,382 in respect of unfair dismissal compensation.   

Constitution of Tribunal:
Chairman:		Mr P Buggy	
Members:		Mr A Barron
			Mr J Patterson

Appearances:
The claimant was represented by Ms L Clarke, Barrister-at-Law, instructed by Gordon Wallace and Co, LLP Solicitors.

Kongskilde UK Ltd was represented by Mr T Sheridan of Peninsula Business Services Ltd.

J F Stoll (UK) Ltd (“Stoll”) had not presented a response and accordingly was debarred from participating in the proceedings.  

REASONS

1.	We issued our first decision in this case (the “liability” Decision) on 28 May 2013.  We issued our First Decision on Remedies (which included a record of the outcome of the claimant’s redundancy pay claim) on 7 June 2013.  The present Decision should be read in conjunction with those earlier Decisions.  

2.	The reasons for this Decision are those which were set out in a record of proceedings dated 6 June.  A copy of that record of proceedings is annexed to this Decision.  

3.	As was envisaged in paragraphs 2 and 3 of the June record of proceedings, the parties have subsequently had correspondence in relation to the question of whether or not the cessation of the claimant’s “Stoll” life insurance involved a loss which is compensatable in the context of a successful claim for unfair dismissal compensation.  The ultimate outcome of that correspondence is that the claimant has decided not to pursue any claim in relation to that aspect of the matter.  

4.	Accordingly, the determination set out at paragraph 4 of the June record of proceedings, and the reasons set out in that record, are confirmed in this Decision.

5.	In the circumstances of this case, the Recoupment Regulations do not apply.  

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

Chairman:

Date and place of hearing:  31 May 2013, Belfast.		

Date decision recorded in register and issued to parties: