THE INDUSTRIAL TRIBUNALS

CASE REF:	64/14

CLAIMANT:			Brian O’Neill

RESPONDENT:		Western Health & Social Care Trust

DECISION
The unanimous decision of the tribunal is that the claimant’s claims for unlawful deduction from wages, breach of contract and under the Working Time Regulations are                        well-founded.  

Constitution of Tribunal:
Employment Judge B Greene
Members:	Mr P Killen
		Mr I Rosbotham

Appearances:
The claimant was represented by Ms K Gray, Solicitor, of Campbell Fitzpatrick, Solicitors.
The respondent was represented by Ms E Ward, Solicitor, of Directorate of Legal Services.

1.	The claimant brought claims against the respondent for untaken holiday leave which amounts to a claim for unlawful deduction from wages, or a breach of contract or under the Working Time Regulations.  

2.	The respondent disputed the claimant’s claims in their entirety and asserted that in addition the tribunal did not have jurisdiction because the claimant had not brought his claims within the relevant statutory time periods.  

3.	At the hearing the respondent conceded that the claimant would be entitled to payment for untaken holiday leave, although the amount of that was not agreed with the claimant, should the tribunal conclude that it had jurisdiction to entertain his claims.  

4.	The tribunal having heard the evidence adduced on behalf of the claimant, including documentary evidence put in by agreement and the submissions from the parties, concluded that it did have jurisdiction to entertain the claimant’s claims and it extended the time to 17 December 2013 for him to bring his claims.

5.	Oral reasons were given at the hearing for the tribunal’s decision.

6.	The parties then informed the claimant, having considered the matter over lunch, that they had agreed that the claimant would be entitled to receive payment for 17 days of untaken leave.  The amount has not yet been quantified.  

7.	The parties undertook to agree the value of the undertaken holiday leave by 20 June 2014 and in default of agreement to refer the matter back to the tribunal.

Employment Judge

Date and place of hearing:	9 – 10 June 2014, Belfast

Date decision recorded in register and issued to parties: