THE INDUSTRIAL TRIBUNALS

CASE REF:    959/12 

CLAIMANT:	Wilma Margaret Gordon

RESPONDENT:	Laurence Kee, t/a Cottage Kitchen

DECISION ON A REVIEW

The decision of the tribunal on review is that to the extent to which the review related that the original decision is amended to provide compensation to the claimant in the total sum of £15,392.52.  This award is subject to the provisions of recoupment and accordingly the Tribunal orders the respondent to pay the claimant the outstanding amount of £10,740.34.

Constitution of Tribunal:

Chairman  (Sitting alone):	Ms P Sheils

Appearances:

The claimant appeared and was represented by Mr T Fee of Counsel, instructed by Mr J Ferguson Solicitors.

The respondent appeared and was unrepresented.

DECISION

1.	In a review of its own motion, the Tribunal noted that its original Decision had omitted to include compensation to the claimant for the unfair dismissal claim in the usual regard.

2.	Accordingly, the Tribunal awarded the claimant the following:-

	Basic Award				
					
	Offset by redundancy payment, not applicable.				
					
	Compensatory Award  -  Immediate Loss of Wages				
					
	7 November 2011 until 22 November 2012  
54 weeks  x  £185.00  	
=	
£9,990.00	

	Less Income from Temporary Employment				
					
	2 weeks  x  £134.72  =  £269.44	=	£9,720.56		
					
	Future Loss of Wages				
					
	One year from date of tribunal hearing at 
£185.00  =  £185.00  x  52	
=	
£9,620.00	

	Minus income from temporary employment				
					
	32 weeks  x  £134.72	=	£4,311.04		

	Future Loss of Wages				
					
	£5,308.96	=	£5,308.96		
					
	Loss of Statutory Rights				
					
	£300.00	=	£300.00		
					
	Loss of Statutory Notice				
					
	Not applicable.				
					
	Holiday Pay				
					
	Not applicable.				
					
	Total Monetary Award				
					
	£15,329.52	=		£15,329.52	
					
	The claimant received Social Security Benefits to which the employment protection (Recruitment of Jobseekers and Income Support Regulations (Northern Ireland) 1996 and any subsequent provisions apply.  The following recoupment of benefit is therefore applicable in this case.

A.	Monetary Award

B.	Prescribed element

C.	Excess being the difference the prescribed element and the prescribed period	

	

£15,329.52

£9,720.56

£5,608.96	

	

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

Chairman:

Date and place of hearing:       21 July 2013, Belfast.

Date decision recorded in register and issued to parties: 

Case Ref No: 959/12

CLAIMANT:		Wilma Margaret Gordon

RESPONDENT:  		Cottage Kitchen

ANNEX TO THE DECISION OF THE TRIBUNAL

STATEMENT RELATING TO THE RECOUPMENT OF JOBSEEKER’S ALLOWANCE/INCOME SUPPORT

1.	The following particulars are given pursuant to the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996; The Social Security (Miscellaneous Amendments No 6) (Northern Ireland 2010.

	£	
(a)  Monetary award	15,329.52	
(b)  Prescribed element	9,720.56	
(c)  Period to which (b) relates:		
(d)  Excess of (a) over (b)	5,608.96	

The claimant may not be entitled to the whole monetary award.  Only (d) is payable forthwith; (b) is the amount awarded for loss of earnings during the period under (c) without any allowance for Jobseeker’s Allowance or Income-related Employment and Support Allowance or Income Support received by the claimant in respect of that period; (b) is not payable until the Department for Social Development has served a notice (called a recoupment notice) on the respondent to pay the whole or a part of (b) to the Department (which it may do in order to obtain repayment of Jobseeker’s Allowance or Income-related Employment and Support Allowance or Income Support paid to the claimant in respect of that period) or informs the respondent in writing that no such notice, which will not exceed (b), will be payable to the Department.  The balance of (b), or the whole of it if notice is given that no recoupment notice will be served, is then payable to the claimant.

2.	The Recoupment Notice must be served within the period of 21 days after the conclusion of the hearing or nine days after the decision is sent to the parties (whichever is the later), or as soon as practicable thereafter, when the decision is given orally at the hearing.  When the decision is reserved the notice must be sent within a period of 21 days after the date on which the decision is sent to the parties, or as soon as practicable thereafter.

3.	The claimant will receive a copy of the recoupment notice and should inform the Department for Social Development in writing within 21 days if the amount claimed is disputed.  The tribunal cannot decide that question and the respondent, after paying the amount under (d) and the balance (if any) under (b), will have no further liability to the claimant, but the sum claimed in a recoupment notice is due from the respondent as a debt to the Department whatever may have been paid to the claimant and regardless of any dispute between the claimant and the Department.