THE INDUSTRIAL TRIBUNALS

CASE REF:  428/10

CLAIMANT:			John Brotherstone

RESPONDENT:		Aquaforce Limited

DECISION
The decision of the tribunal is that the claimant is entitled to a redundancy payment, the respondent shall pay the claimant £3,420.

Constitution of Tribunal:
Chairman (Sitting Alone):	Ms M Bell 

Appearances:
The claimant was represented by Mr Kelly, Solicitor, of Donaghy Carey Solicitors.
The respondent did not appear and was not represented.

 1.	The claimant in his claim sought a redundancy payment from the respondent.

 2.	No response to the claim has been presented by the respondent.  

Issue

 3.	The issue for the tribunal was whether the claimant is entitled to a redundancy payment.

Evidence

 4.	The tribunal considered the claim, bundle of documentation handed in on behalf of the claimant, letter of 30 April 2010 from the respondent to the Office of the Industrial Tribunals and heard oral evidence from the claimant.

Findings of Fact

 5.	The claimant, born on 29 May 1954, was employed by the respondent as a joiner from 15 April 2003 until termination of his employment on 16 October 2009 by reason of the respondent ceasing to trade on that date. The claimant was paid £440 gross per week by the respondent.  The claimant has not received a redundancy payment from the respondent following termination of his employment.

The Law

 6.	Article 170 of the Employment Rights (Northern Ireland) Order 1996 provides that an employer shall pay a redundancy payment to any employee of his if the employee is dismissed by the employer by reason of a redundancy.  

 7.	Under Article 174 of the 1996 Order an employee who is dismissed shall be taken to be dismissed by reason of a redundancy if the dismissal is wholly or mainly attributable to the fact that his employer has ceased or intends to cease to carry on the business for the purposes of which the employee was employed by him, or to carry on that business in the place where the employee was so employed.

 8.	Article 197 of the 1996 Order sets out how the amount of a redundancy payment shall be calculated.

 9.	Under Article 23 of the 1996 Order as amended at the time of the claimant’s dismissal, for the purpose of calculating a redundancy payment the amount of a week’s pay shall not exceed £380.

Application of Law to the facts

10.	The tribunal is satisfied from the claimant’s undisputed oral and documentary evidence supported by the respondent’s letter of 30 April 2010 that the claimant was dismissed by reason of redundancy the respondent having ceased to carry on his business for the purposes of which the claimant was employed.  On termination of his employment the claimant had six complete years of employment, during which he was over 41 years of age and his gross weekly wage was in excess of £380, the statutory maximum figure for calculating a redundancy payment.  Accordingly the claimant is entitled to a redundancy payment calculated as follows:-

		6  x  £380  x  1.5  =  £3,420

11.	This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1996.

Chairman:

Date and place of hearing:    4 May 2010, Belfast.

Date decision recorded in register and issued to parties