THE INDUSTRIAL TRIBUNALS

CASE REF:	 1745/14 

CLAIMANT:			Ignatius Roche	

RESPONDENTS:		1. Shipquay Books Ltd
				2. Department for Employment and Learning

DECISION 

(A)	All of the claimant’s claims against the first-named respondent (“the Company”) are well-founded.

(B)	It is ordered that the Company shall pay to the claimant the following sums:

	(1)	£1,800 in respect of holiday pay and 

	(2)	£2,440 in respect of notice pay.

(C)	It is declared that the Company is liable to make a redundancy payment of £13,865 to the claimant.

Constitution of Tribunal:

Employment Judge (sitting alone):	Employment Judge Buggy

Appearances:

The claimant was self-represented.

The Company was debarred from participating in the proceedings, because it had not presented a response.

The Department was not represented.

REASONS

1.	The Department had been joined to these proceedings as a notice party.  However, the Department decided not to participate in these proceedings.

2.	The claimant was a witness in these proceedings.  I regarded him as an honest witness.  He provided me with a copy of his contract of employment.  I am satisfied that, although the claimant was a shareholder, the purported contract of service had real, operational, significance.  I was satisfied that the claimant was employed, at all relevant times, by the Company, under a contract of service.  

3.	This decision is based on the following information:

	Actual gross weekly pay:						£495

	Deemed gross weekly pay (for redundancy pay purposes):	£470

	Net weekly pay:							£373

	Number of actual completed years of service:			26

	Age on date of dismissal:						59

	Multiplier (for redundancy pay):					29.5

4.	For redundancy pay purposes, the legislation deems every weekly salary, in respect of terminations in August 2014 to be limited to a maximum of £470.  During the hearing, I did not notice that £495 is in excess of that maximum.  I apologise to the claimant for not drawing that matter to his attention during the hearing.

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

Employment Judge:       

Date and place of hearing:	16 December 2014, Belfast.	

Date decision recorded in register and issued to parties: