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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Stubbs v Lower North Belfast Community ... [2010] NIIT 1630_10IT (15 October 2010) URL: http://www.bailii.org/nie/cases/NIIT/2010/1630_10IT.html Cite as: [2010] NIIT 1630_10IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1630/10
CLAIMANT: Lorraine Stubbs
RESPONDENT: Lower North Belfast Community Council
DECISION
The decision of the Chairman sitting alone is that the claimant is entitled to receive the sum of £1,488.52 calculated as follows:-
Redundancy Pay £760.00
7.5 days Holiday Pay £475.12
4 days Notice Pay –Outstanding Notice Pay £253.40
Constitution of Tribunal:
Chairman (Sitting alone): Ms J Knight
Appearances:
The claimant attended and represented herself.
The respondent was not represented and did not attend.
ISSUES
1. The tribunal had to determine whether the claimant was entitled to a redundancy payment, holiday pay, and notice pay.
EVIDENCE
2. The tribunal heard the oral evidence of the claimant Mrs Stubbs and considered a bundle of documentation furnished by the claimant.
FINDINGS OF FACT
3.1 The claimant was employed by the respondent, the Lower North Belfast Community Council, a company limited by guarantee, as a Welfare Rights and Generalist Advisor from 4 February 2008 until 31 May 2010. At the effective date of termination the claimant was 37 years old and had two full years continuous service and her gross monthly pay was £1,752.55 and nett monthly pay was £1,372.56. The claimant had written terms and conditions of employment and was entitled to 25 leave days per year and was entitled to be given two weeks notice of intention to terminate her employment.
3.2 By letter dated 21 May 2010 the claimant was given notice that due to funding difficulties the respondent was making the claimant redundant with effect from 31 May 2010. This letter confirmed that the claimant had outstanding leave entitlement of 7.5 days.
CONCLUSIONS
4.1 I am satisfied that the claimant’s employment was terminated by reason of redundancy and that she is entitled to a redundancy payment. Furthermore, it is clear that she is owed 7.5 days holiday pay and that she was given less than the two weeks requisite notice.
4.2 I therefore ordered the respondent to pay to the claimant sums calculated as follows:-
Redundancy Pay
(Statutory cap on gross weekly pay £380.00) £760.00
X 2 years continuous service x 1 age multiplier
Holiday pay
7.5 days x £63.35 nett daily rate £475.12
Notice pay
4 days x £63.35 nett daily rate £253.40
Total Award £1,488.52
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 14 September 2010, Belfast.
Date decision recorded in register and issued to parties:
