THE INDUSTRIAL TRIBUNALS

CASE REF:	  2133/13

CLAIMANT:		Amy Fay	

RESPONDENT:	Niteo NI Ltd, t/a Salon Coiffure	

DECISION 
The claimant is entitled to arrears of holiday pay in respect of two weeks and three days holiday in the sum of £923 and the respondent is ordered to pay this amount to the claimant.

Constitution of Tribunal:
Chairman (sitting alone):		Miss E McCaffrey

	
Appearances:
The claimant appeared and was represented by Mrs Brenda Callaghan of SIPTU.

The respondent did not enter a response and was not represented.

1.	This was a claim for arrears of holiday pay to which the claimant said she was entitled at the date of finishing her employment with the respondent in October 2013.

2.	The claimant produced payslips to the tribunal which showed her employer as Niteo NI Limited trading as Salon Coiffure and I order that the name of the respondent shall be amended accordingly.

3.	The claimant confirmed that she usually worked five days per week and was paid £355 per week on average (gross) and £295.68 (net).

4.	Her holiday entitlement was the statutory entitlement of 5.8 weeks per year.  She confirmed that the holiday year began in April each year, and therefore at the date her employment ended (17 October 2014) she was entitled to 14 days leave for that period of time.  She indicated that she had taken only one day’s leave and therefore was entitled to pay in lieu of holiday for 13 days.

5.	On the basis of the information before me, I find that the claimant’s gross daily pay was £71 per day and as she was entitled to 13 days holidays at the date of termination of her employment, she is entitled to payment in lieu of holiday pay as follows:-

13 x £71 = £923

6.	The claim form indicated claims in relation to a tax rebate and in relation to underpaid statutory sick pay which the claimant withdrew at the hearing.  I therefore order the respondent to pay to the claimant the sum of £923 in respect of arrears of holiday pay.

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

Chairman:

Date and place of hearing:	18 February 2014, Belfast.	

Date decision recorded in register and issued to parties: