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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCullough v Straight Forward Film and Tele... [2010] NIIT 05196_09IT (29 January 2010) URL: http://www.bailii.org/nie/cases/NIIT/2010/05196_09IT.html Cite as: [2010] NIIT 05196_09IT, [2010] NIIT 5196_9IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 5196/09
CLAIMANT: Kara McCullough
RESPONDENTS: 1. J Nicholson
2. Ian Kennedy
3. Straight Forward Film and Television Productions Ltd
DECISION
The individual respondents are not indebted to the claimant in relation to any of her claims because they were not her employer. The claimant is entitled to a redundancy payment from the Company. The Company is also indebted to the claimant in respect of unpaid notice pay, pay arrears and holiday pay. The amount of the redundancy payment due to the claimant from the Company is £2,000. It is ordered that the Company shall also pay to the claimant the following sums:
(A) £530 in respect of notice pay
(B) £1,090 in respect of pay arrears
(C) £33.50 in respect of holiday pay
Constitution of Tribunal:
Chairman: Mr P Buggy
Members: Mrs T Hughes
Mr R Hanna
Appearances:
The claimant was self-represented.
None of the respondents was represented.
REASONS
1. In these proceedings, the claimant makes claims in respect of redundancy pay, notice pay, unpaid wages and holiday pay. A default judgment was granted against all of the respondents. The purpose of this hearing was to determine the extent of the remedies (if any) to which the claimant is entitled.
2. We are satisfied that the proper title of the Company is as set out above. Accordingly, the title of the proceedings has been amended to substitute “Television” for “TV” in the title of the Company.
3. We are satisfied that the claimant was not employed by the two individual respondents to these proceedings. Accordingly, she is not entitled to any remedy against those respondents. We are satisfied that the claimant was employed by the Company.
4. In its response, and in subsequent correspondence, the Company accepted that the claimant’s claims against it were well-founded. The Company is in severe financial difficulties but it has not yet gone into liquidation or administration.
5. In the course of this hearing, the claimant gave evidence on oath. We are satisfied that she told the truth to the best of her knowledge, information and belief.
6. We awarded the following sums, on the basis of the evidence which was available to us in these proceedings and on the basis of the arguments which were made to us in the course of these proceedings.
Redundancy payment
7. The claimant was born in March 1976. She was employed by the Company from 5 October 1998 to 30 January 2009. At the time of termination of her employment, the claimant’s gross weekly pay was £200. Accordingly, she is entitled to a redundancy payment of £2,000, which consists of 10 X £200.
Notice pay
8. The sum awarded in respect of notice pay is made up as follows. The claimant’s net weekly pay was £167.30. She was entitled to 10 weeks notice pay (on the basis that the notice period started with the date of termination of her employment). Two amounts must be offset against that sum. First, any earnings in new employment, at any time during the notice period, must be deducted from that sum. Secondly, any social security benefit received during the notice period must be deducted from that sum. If £167.30 is multiplied by 10 the product is the sum of £1,673. The claimant’s net salary from new employment during the notice period amounted to approximately £1,083. She also received £60 in Job Seekers Allowance in respect of the notice period. Therefore, those sums must be deducted from £1,673, leaving a net figure for notice pay of £530.
Pay arrears
9. We are satisfied that the claimant’s monthly net pay was £725. We are satisfied that the claimant is due the sum of £1,090 (£1,450 less £360 Job Seekers Allowance which was received by her in respect of the relevant period) in respect of net pay for the months of December 2008 and January 2009.
Holiday pay
10. The claimant had taken holidays during 2008. At the time of the termination of her employment, she had accrued holiday pay entitlement of £33.50 (in respect of holiday pay entitlement accrued during January 2009).
Interest
11. This is a relevant decision for the purposes of the Industrial tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 4 December 2009, Belfast.
Date decision recorded in register and issued to parties:
