THE INDUSTRIAL TRIBUNALS

CASE REF:   7547/09

CLAIMANT:			Paul Sydney Herron

RESPONDENT:		Philip Wright Development Ltd

DECISION ON A REVIEW
Constitution of Tribunal:
Chairman:		Ms Bell
Members:		Mrs Elliot
Mr Welsh

The unanimous decision of the tribunal is that the original decision issued on
27 May 2010 shall be varied as follows:-

CLAIMANT

To replace ‘Heron’ with ‘Herron’.

DECISION

To replace ‘£14,212.50’ with ‘£14,012.50’.

Paragraph 15

To add ‘The maximum amount of a week's pay for the for the purpose of calculating a basic award for compensation for unfair dismissal under Article 23 of The 1996 Order as amended at the effective date of termination of the claimant's employment was capped at £350 per week.’

Paragraph 22

Basic Award 

To replace ‘4 weeks x £400 = £1,600’ with ‘4 weeks x £350 = £1,400’.

Total 

To replace ‘£14,212.50’ with ‘14,012.50.’

Paragraph 23

To replace ‘£14,212.50’ with ‘£14,012.50’.

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

Paragraph (a) 

To replace‘ £14,212.50’ with ‘£14,012.50.’

Paragraph (d)

To replace ‘£5,812.50’ with ‘£5,612.50.’

1.	The tribunal, on its own motion, directed on 15 June 2010 that the decision in this matter issued on 27 May 2010 be reviewed under Rule 34 ( 3 ) (e) of The Industrial Tribunal (Constitution & Rules of Procedure) Regulations in that the interests of justice required such a review and that it was just and equitable that the time limit in respect of an application for review be extended because the maximum amount of a week's pay for the purpose of calculating a basic award for compensation for unfair dismissal under Article 23 of The Employment Rights (Northern Ireland) Order 1996 as amended at the effective date of termination of the claimant's employment was capped at £350 per week but this cap was not applied in the calculation of the claimant's basic award but the claimant's gross pay figure of £400 used and that the claimant's basic award applying Article 23 of the 1996 Order should correctly be £1,400, not £1,600.

2.	No objection to the review was received following notice to the parties.

3.	Having reviewed the matter the tribunal are satisfied that the statutory cap was not applied in the calculation of the claimant's basic award but the claimant's gross pay figure of £400 was used rather than £350 and that the claimant's basic award applying Article 23 of the 1996 Order should correctly be £1,400, not £1,600.

4.	The original decision of the tribunal is accordingly varied as stated above.

Chairman:

Date of Hearing:  2 July 2010

Date decision issued to parties: