THE INDUSTRIAL TRIBUNALS

CASE REF:  2540/15

CLAIMANT:			Karyn Wyatt

RESPONDENT:		Donaghy Carey Solicitors

DECISION 
The decision of the tribunal is that the claimant is entitled to one month’s net notice pay less one week’s net notice pay as compensation for a breach of contract, amounting to £818.41.  

Constitution of Tribunal:
Vice President (sitting alone):	Mr N Kelly

Appearances:
The claimant appeared in person.
Mr Thomas Carey appeared on behalf of the practice.

1.	The claimant had been employed as personal secretary to Mr Rocks from the period 2 March 2015.  Mr Rocks was a partner in the respondent practice at all relevant times.

2.	When Mr Rocks dissolved the partnership and left, the respondent practice did not have any work for the claimant and her employment was terminated with the payment of one week’s net notice pay.

3.	At the start of her employment, a written contract of employment had been entered into between the claimant and Mr Rocks as partner on behalf of the respondent practice.  That written contract provided for one month’s notice or pay in lieu of notice on dismissal.  There was reference in that contract to “discretion” but that discretion related to a discretion to terminate the employment and not a discretion whether or not to afford5 contractual notice or pay in lieu of notice.

4.	Mr Carey. as partner in the respondent practice. had been unable to find the particular contract of employment entered into between Mr Rocks and the claimant.  It was not on the standard contract of employment terms that the respondent practice ordinarily used.  Those standard terms provided for only one week’s notice in these circumstances.

5.	Both Mr Carey and the claimant gave evidence on oath.  The claimant produced the written contract signed both by her and by Mr Rocks.  I accepted that that contract was genuine and that it provided, as a contractual term, for one month’s notice or one month’s notice pay in lieu of notice in the circumstances of this case.  I also accepted that Mr Carey had not been aware at the relevant time that Mr Rocks had entered into a different form of contract with the claimant.  However, Mr Rocks as partner, was legally entitled to do so.

6.	I therefore conclude that as a matter of simple contract the claimant was entitled to one month’s net pay in lieu of notice.  She had received one week’s net pay in lieu of notice.  

7.	The money owed by the respondent practice to the claimant is therefore calculated in the following way:

			£1,063.93 (net monthly pay) x 12 = £12,767.16 (net annual pay)
			£12,767.16 divided by 52 = £245.52 (net weekly pay)
			£1,063.93 (net monthly pay) - £245.52 (net weekly pay) = 		£818.41   

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

Vice President:

Date and place of hearing:  3 February 2016, Belfast

Date decision recorded in register and issued to parties: