THE INDUSTRIAL TRIBUNALS

       CASE REF: 7250/09	

CLAIMANT:			Claire Heath

RESPONDENT:		Ravenblack Developments Ltd

DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment, notice pay and holiday pay totalling £5,695.40.

Constitution of Tribunal:
Chairman (sitting alone):		Mrs M. Watson	
Appearances:
The claimant was represented by Mr Moore of P.M. Associates.
The respondent was represented by Mr Magill of C & H Jefferson, Solicitors.

Issues 
	
1.	Was the claimant entitled to a redundancy payment, holiday pay and notice pay and if so, the amount of that payment.  Did the respondent breach the terms of the claimant’s contract in respect of salary increase or bonus payments? 

Facts
2.	The claimant was employed by the respondent company as a Company Accountant from 15 January 2007 until the date of termination of her employment on 31 July 2009. 

3.	The claimant was aged over 20 years throughout her employment and was paid £2083.33 per month gross, £1590 per month net at the date of termination. She was also owed contractual notice pay and holiday pay at that date. 

4.	Mr Magill of C & H Jefferson, Solicitors for the respondent, confirmed to the tribunal that the above facts were correct and that the payments due had been agreed. Mr Moore confirmed that the claims in relation to salary increase and bonus payments were withdrawn. 

Legal Provisions

5.	The Employment Rights (Northern Ireland) Order 1996 (as amended) provides that an employee who is redundant, as defined by Article 174, is entitled to a redundancy payment. 

6.	The amount to be paid is calculated under Article 197 by reference to the employee’s age and length of service at the date of termination subject to a qualifying period of at least two years continuous employment. There is also a cap on the week’s wage payable which was £350 at the date of termination.  

7.	The claimant was entitled to payment of 3 months’ salary in lieu of her contractual notice period. 

8.	The claimant was also entitled to receive payment for 4 days holiday pay. 

Tribunal’s Determination
9.	Applying the statutory provisions to the above facts, the tribunal determines the claimant’s entitlement as follows;

Redundancy Payment

2 weeks @ £350 per week        £  700.00

Notice pay
3 months @ £1590.00               £4770.00

Holiday pay
4 days @ £56.35                        £  225.40

Total                         		      £5695.40   

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

Chairman:

Date and place of hearing: 21 May 2010, Belfast		

Date decision recorded in register and issued to parties: