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Industrial Tribunals Northern Ireland Decisions


You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Graham v Andrew Graham, t/a A G Fencing... [2018] NIIT 05658_17IT (01 February 2018)
URL: http://www.bailii.org/nie/cases/NIIT/2018/05658_17IT.html
Cite as: [2018] NIIT 05658_17IT, [2018] NIIT 5658_17IT

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THE INDUSTRIAL TRIBUNALS

 

CASE REF: 5658/17

 

 

 

CLAIMANT: Ryan Lee Graham

 

 

RESPONDENT: Andrew Graham, t/a A G Fencing Services

 

 

 

DECISION

The decision of the tribunal is that the respondent is ordered to pay to the claimant £1,585.42 for unpaid wages: £282.28 for holiday pay and further the respondent is ordered to pay to the claimant £940.92 for his failure to provide to the claimant in writing his main terms and conditions of employment.

 

 

Constitution of Tribunal:

Employment Judge (sitting alone): Employment Judge Greene

 

Appearances:

 

The claimant appeared in person.

 

The respondent was neither in attendance nor represented.

 

 

 

1. The claimant brought claims for wages owed (an unlawful deduction from wages or breach of contract) and for holiday pay owed.

 

2. The respondent did not enter a response.

 

3. The respondent's name was amended as above.

 

4. On 7 December 2017 I made a default judgement in favour of the claimant in relation to his claims for breach of contract (holiday pay) and failure to pay wages (unauthorised deduction from wages). I also directed that a remedy hearing would be scheduled to determine the quantum of compensation to be awarded to the claimant.

 

5. The remedy hearing came on for hearing, today 26 January 2018.

 

6. On the basis of the evidence before me I am satisfied that the claimant is owed £1,585.42 for unpaid wages and £282.28 for holiday pay.

 

7. It emerged in the course of the evidence that the claimant had not been provided with his main terms and conditions of employment in writing. Accordingly I award the claimant £940.92 by reason of the respondent's failure to provide the main terms and conditions of employment in writing.

 

8. Reasons for my decision were given at the hearing.

 

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

 

 

 

 

 

Employment Judge:

 

 

Date and place of hearing: 26 January 2018, Belfast.

 

 

Date decision recorded in register and issued to parties:

 


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URL: http://www.bailii.org/nie/cases/NIIT/2018/05658_17IT.html