Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  13679/19

 

CLAIMANT:                          Kirstin McCoy

 

RESPONDENT:                  Shivers Bathrooms Ltd

 

 

 

DECISION

 

The unanimous decision of the tribunal is that the claimant is awarded £260.00 in relation to a claim for holiday pay, £260.00 in relation to a claim for notice pay and £260.00 in relation to a claim for arrears of pay/unauthorised deduction from earnings.  The claimant is also awarded £573.10 being two weeks gross pay in respect of a failure on the part of the respondent to provide statutory terms and conditions of service as required by Articles 33 and 36 of the Employment Rights (Northern Ireland) Order 1996.  The total payable to the claimant is £1,353.10. 

 

The claim in respect of payslips does not require any remedy.  The claim in respect of statutory sick pay is not within the jurisdiction of the tribunal.  The claim in respect of unfair dismissal is dismissed for want of jurisdiction given the claimant’s length of continuous service and the decision of the tribunal that Article 135 does not apply in the circumstances of this case.

 

 

 

CONSTITUTION OF TRIBUNAL

 

Vice President:                                                       Mr N Kelly

                                                                                   

Members:                                                                 Mr A Barron

                                                                                    Mrs F Cummins

 

 

APPEARANCES:

 

The claimant appeared in person.

 

The respondent was represented by Mr Michael Quigley, Barrister-at-Law, instructed by Toal &Heron Solicitors.

 

 

1.         The decision was given orally at the end of the hearing.

 

2.         An amount of £1,353.10 is awarded to the claimant in respect of her claims for holiday pay, notice pay, arrears of pay/unauthorised deduction from earnings and failure to provide statutory terms and conditions of service. 

 

3.         Payslips had been provided and no remedy is appropriate in this matter.

 

4.         A claim for unfair dismissal was made by the claimant on the basis that the principal reason for her dismissal had been that she had asserted a statutory right to statutory sick pay.  The tribunal concluded that no such assertion had been made at any time before the decision to dismiss the claimant had been made on 12 June 2018.  The claim of unfair dismissal is therefore dismissed for want of jurisdiction.

 

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

 

 

 

 

Vice President:

 

Date and place of hearing:          1 May 2019, Belfast.

 

Date decision recorded in register and issued to parties: