THE INDUSTRIAL TRIBUNALS 

CASE REF:	2233/11

CLAIMANT:	Joe Reilly			

RESPONDENT:	Department for Employment and Learning			

DECISION

The decision of the tribunal is that the claimant is entitled to be paid a redundancy payment and unpaid wages and holiday pay as set out in the attached Schedule.

Constitution of Tribunal:		

Chairman (sitting alone):			Mr Cross	

			
Appearances:

The claimant was represented by Mr Hagan Barrister at Law instructed by Messrs John P Hagan Solicitors. 

The respondent was represented by Mr Cruikshanks of the Department for Employment and Learning.

1.	The claimant who was born on 10 August 1973, was employed as a driver by John 	Hoey (trading as Tyraw Distribution) from 2 May 2005, until his employment ended 	on 20 March 2011. The claimant was dismissed as a result of the bankruptcy of Mr 	Hoey on 1 April 2011. 

2.	The tribunal is satisfied that his dismissal was as a result of redundancy. There was 	an attempt to sell the business as a going concern but this failed to happen and as 	a result all the drivers and other staff were declared redundant.     

3.	The claimant was a driver delivering newspapers and as a result was required to 	work on any night of the week. At the time of the closure of the business the 	claimant was working on the night shift of Sunday night to Thursday night, 11.30 pm 	to 4 am each night. He was paid monthly £600.00 net (£830.90 gross). This sum 	was paid to him by Mr Hoey together with a pay slip which Mr Hoey would write out 	himself.
4.	At his dismissal the claimant was owed 2 week’s pay, amounting to £300.00 and 	unpaid holiday pay. The company holiday year ran from 6 April each year and he 	was entitled to 30 days per annum. His untaken entitlement for the partial year 	amounted to 19.8 days at £30.00 per day a sum of £594.00.  

5.	The claimant should have received 5 week’s pay in lieu of notice, of his dismissal 	but due to the situation no notice was given. However the claimant did do casual 	work for the next number of weeks, when the drivers tried to run a paper delivery 	service themselves. The net receipts for this work, together with Job Seekers 	Allowance which the claimant received when the attempt to do the deliveries came 	to an end, would have exceeded the notice pay. Consequently the tribunal was not 	asked to award notice pay in this case. 

Schedule

Redundancy entitlement, based on gross pay £191.74 per week

5 completed years employment 5x £191.74                                      £958.70

Unpaid wages due to the claimant, 2 x £150                                     £300.00

Unpaid holiday pay, 19.8 days at £30.00 per day                              £594.00

Total due                                                                                          £1852.70

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

Chairman:

Date and place of hearing: 13 December 2011, Belfast

Date decision recorded in register and issued to parties: