THE INDUSTRIAL TRIBUNALS

CASE REF:	1499/16

CLAIMANT:		Robert Steven Young	

RESPONDENT:	Stephen Rogan t/a Colt Cuisine	

DECISION 
The decision of the tribunal is set out below.

Constitution of Tribunal:
Employment Judge:	Employment Judge Greene
Members:			Mr P Sidebottom
				Mr B McAnoy

Appearances:
The claimant appeared in person.
The respondent was neither represented nor in attendance.

1.	The claimant claimed unfair dismissal and also that he was owed notice pay, holiday pay and arrears of pay relating to overtime worked.

2.	The tribunal was satisfied that the respondent had been notified of the hearing on 1 and 2 November 2016.

3.	On the 1 November 2016 the respondent’s response was struck-out by reason of the failure of the respondent to comply with an Unless Order, dated 4 October 2016, requiring the making of discovery by 10 October 2016.  The employment judge gave full oral reasons for his decision.  

4.	Following the hearing of the evidence the tribunal found that the claimant had been unfairly dismissed according to the ordinary principles of unfair dismissal and automatically unfairly dismissed by reason of the respondent’s failure to follow the statutory dismissal procedures.  It also found that the respondent had not paid to the claimant notice pay that he was due, holiday pay to which he was entitled and overtime pay for work done.  

5.	The tribunal awarded the claimant £12,373.02 for unfair dismissal (basic award of £1,500.00; compensatory award £10,623.02, including an uplift of 30%; and loss of statutory rights of £250.00).  It also ordered the respondent to pay to the claimant notice pay of £1,216.14; holiday pay of £1,317.49 and for unpaid overtime amounting to £304.04.  

6.	Full oral reasons were given for the tribunal’s decision.  

7.	This award is not subject to the Recoupment Regulations as the claimant did not claim benefit at any material time.

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

Employment Judge:

Date and place of hearing:  1 and 2 November 2016, Belfast.

Date decision recorded in register and issued to parties: