THE INDUSTRIAL TRIBUNALS 

CASE REF:    771/12  

CLAIMANT:	Quinton James O’Hara

RESPONDENT:	Aidan McLarnon, t/a The Shirt Centre

DECISION

The respondent is to pay to the claimant £2,675.20 in respect of redundancy payment, notice pay and holiday pay as detailed below.

Constitution of Tribunal:

Chairman  (Sitting alone):	Mrs M Watson

Appearances:

The claimant appeared and was represented by Mr N Gibson.

The respondent did not appear.

1.	The claimant was employed as a Shop Assistant by the respondent from 27 October 2003 until he was dismissed without notice on 10 February 2012.  He was then aged 59 years.

2.	At the time of the termination of his employment, the claimant had not taken any of his two week holiday entitlement.

3.	The claimant’s entitlement is as follows:

	Redundancy Pay

	The claimant was aged 59 years, and his entitlement under the Employment Rights (Northern Ireland) Order 1996 is calculated at 12 weeks gross pay to reflect service where he was aged over 41 years of age.

	Entitlement is therefore:	£121.60  x  12	=	£1,459.20

4.	The claimant is also entitled to pay for untaken holidays.

	Holiday Pay

	Entitlement is:	£121.60  x  2	=	    £243.20

5.	The claimant is also entitled to notice pay.

	Notice Pay

	Entitlement is:	£121.60  x  8	=	    £972.80

	Total entitlement is:			=	£2,675.20

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

Chairman:

Date and place of hearing:       4 July 2012, Belfast.

Date decision recorded in register and issued to parties: