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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Topping v Pater Scott t/a Summit Printin... [2010] NIIT 1069_10IT (07 December 2010) URL: http://www.bailii.org/nie/cases/NIIT/2010/1069_10IT.html |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1069/10
CLAIMANT: Philip Topping
RESPONDENT: Peter Scott t/a Summit Printing
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to a redundancy payment of £1,480.00.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Margaret Watson
Appearances:
The claimant attended and represented himself.
The respondent did not appear and was not represented.
Facts
1. The claimant was employed by the respondent from 11 April 2005 as a Graphic Designer until the company ceased trading on 9 October 2009.
2. At the date of termination, the claimant received payment for four week’s notice.
3. The claimant is aged 34 years. He had been employed for four years and he was paid £370.00 gross, £292.05 net per week.
Legal Provisions
4. Under the provisions of the Employment Rights (Northern Ireland) Order 1996, an employee who is made redundant, as defined in Article 174, is entitled to receive a redundancy payment. This is calculated in accordance with Article 197 by reference to the employee’s age and length of service subject to a two year qualifying period. There is also a cap on the amount of a week’s pay for the purpose of this calculation. At the relevant date in this case, that cap was £380 per week.
5. Employees are also entitled to payment of any sums owed to them at the date of termination in respect of arrears of wages and holiday pay. In addition, Article 118 provides that an employee is entitled to one week’s notice for each year worked up to a maximum of 12 years which the claimant has received.
Tribunal’s Determination
6. Applying these provisions to the above facts, the tribunal determines that the claimant’s entitlement is as follows :
Redundancy Payment
4 weeks @ £370.00 = £1,480.00
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990
Chairman:
Date and place of hearing: 23 November 2010, Belfast
Date decision recorded in register and issued to parties:
