Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  1898/18

 

 

 

CLAIMANT:                          Andrew Archer       

 

 

RESPONDENTS:               1.         Little Big Fish (NI) Ltd t/a Little Big Fish Restaurant

                                                2.         Ruth Kimbley

                                                3.         Jonathan Cobain

                                                4.         Comani Leisure Ltd

 

 

 

DECISION

The decision of the tribunal is that the third respondent is ordered to pay to the claimant £1,045.80 for arrears of pay for wages not received by him under his contract of employment and £904.61 by reason of holiday pay due and owing to the claimant when his employment ended.

 

 

Constitution of Tribunal:

 

Employment Judge:                      Employment Judge Greene

                                   

Members:                                         Mr N Jones

                                                            Mr I Rosbotham

 

 

Appearances:

 

The claimant was represented by Mr R Archer.

 

The first respondent was neither in attendance nor represented.  The second respondent was neither in attendance nor represented.  The third respondent appeared in person and the fourth respondent was not represented.

 

1.         All parties were notified of today’s hearing.  The first respondent was not represented at previous hearings and is no longer functioning as a restaurant.  The second respondent’s representative came off record recently and the second respondent indicated that she would not be attending today’s hearing.  She was offered the opportunity of making any application she wished and did not make any application.  The third respondent is the main shareholder in the fourth respondent but although he was in attendance in a personal capacity he was quite adamant he was not representing the fourth respondent.

 

2.         The claimant’s claim is for arrears of pay and holiday pay not received by him.  He also brought a claim for wrongful dismissal.  His claim for wrongful dismissal did not add anything to his other claims.

 

3.         None of the respondents challenged the claimant’s calculation as to the monies claimed but disputed his entitlement to receive the same. 

 

4.         On the basis of the evidence before the tribunal the tribunal was satisfied that the claimant did suffer an unlawful deduction from his wages amounting to £1,045.80 and did not receive holiday pay to which he was entitled amounting to £904.61.

 

5.         Monies due and owing to the claimant at the time of termination of his employment were the responsibility of the third respondent following a transfer of undertaking between the first respondent and the third respondent, and the third respondent is ordered to pay to the claimant £1,045.80 for an unlawful deduction of wages and £904.61 for holiday pay due and owing.  The claimant’s claims are dismissed against the first, second and fourth respondents.

 

6.         Reasons for the decision were given at the tribunal. 

 

7.         Mr Cobain left the tribunal before the evidence was heard.  He did not seek an adjournment of the hearing before he left. 

 

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

 

 

 

 

Employment Judge:

 

 

Date and place of hearing:  9 January 2019, Belfast.

 

 

Date decision recorded in register and issued to parties: