THE INDUSTRIAL TRIBUNALS
CASE REF: 01515/08
CLAIMANT: Sean McGowan
RESPONDENT: Ballykeel Haulage
DECISION
The tribunal makes a declaration that during the period January 2007 until the claimant left in March 2009; the respondent did not provide him with itemised pay statements in conformity with the requirements of Article 40 of the Employment Rights (Northern Ireland) Order 1996.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Watson
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
1. The Claim
- .1 This was a most unusual claim. The claimant had lodged an originating claim form in the Tribunal Office on 20 October 2008 in which he sought to have the respondent provide him with itemised payslips.
- .2 The claimant had been employed by Thomas and William Gault as a HGV Driver from October 2006. The company had had difficulties during that time and had had at least two previous trading names but from January 2007, when the company had become Ballykeel Haulage, the claimant had not been receiving itemised payslips.
- 3 Mr William Gault admitted that this was the case and promised to provide them in the future.
- 4 The case was listed for hearing but adjourned pending implementation of an agreed settlement. The case was re-listed when the claimant informed the tribunal that the settlement had not been complied with and he still had not received adequate payslips which he needed in support of applications for tax credits and a mortgage.
- .5 The claimant provided me with a slip of paper which was what he had been given by Mr Gault but it was not acceptable as there was no date and had inadequate information. It had not been accepted by those to whom the claimant had produced it.
- The Law
- .1 Article 40 (1) of the Employment Rights (Northern Ireland) Order 1996 provides that an employee has the right to be given by his employer 'a written itemised pay statement'.
2.2 Article 40 (2) states:
"The statement shall contain particulars of -
(a) the gross amount of the wages or salary,
(b) the amounts of any variable, and …fixed deductions from that gross amount and the purposes for which they are made,
(c) the net amount of wages or salary payable…
- .3 Article 43 of the Order deals with enforcement which may be by reference to an Industrial Tribunal which may, under Article 44(2) confirm, amend or substitute proper particulars in place of the purported particulars given by the employer. The tribunal's statement shall be deemed to have been given by the employer to the employee.
- .4 The tribunal may also make a declaration under Article 44 (3) (a) that the employer has failed to give the employee any pay statement in accordance with Article 40.
- Conclusion
- .1 Having considered the above and examined the documentation provided by the claimant, the tribunal makes a declaration that during the period January 2007 until the claimant left in March 2009; the respondent did not provide him with itemised pay statements in conformity with the requirements of Article 40 of the Employment Rights (Northern Ireland) Order 1996.
- .2 In doing so I appreciate that the claimant would have preferred a declaration as what those statements should have shown, but the information provided to him by the respondent was inaccurate and did not provide any basis for any more appropriate determination.
Chairman:
Date and place of hearing: 12 June 2009, Belfast.
Date decision recorded in register and issued to parties:
