THE INDUSTRIAL TRIBUNALS

CASE REF:	6584/09

CLAIMANT:			Ciaran McEvoy

RESPONDENTS:		1.	Mr Nigel Leckey t/a Lurgan Kitchen Company
(in Bankruptcy)
				2.	Moore Stephens

DECISION
The decision of the tribunal is that:-

(1)	The first-named respondent is ordered to pay to the claimant the sum of £4,338.00 made up of £1,980.00 in respect of a redundancy payment and £2,358.00 in respect of a payment in lieu of notice.

(2)	The second-named respondent is ordered to be dismissed from these proceedings.

Constitution of Tribunal:
Chairman (sitting alone):		Mr Neil Drennan QC

Appearances:
The claimant appeared in person and was not represented.
The respondents did not appear and were not represented.

Reasons

1.1	The claimant presented a claim to the tribunal on 16 July 2009, in which he made a claim for a redundancy payment and/or a payment in lieu of notice.  The respondents did not enter a response to the claimant’s claim.  The first-named respondent was the claimant’s employer and the second-named respondent is the receiver appointed upon the first-named respondent’s bankruptcy.  By Order of Master Kelly dated 13 January 2011, the claimant was given leave to continue these proceedings against the first-named respondent, the title of which I have amended as set out above, and as contained in the Master’s Order.

2.1	Having heard evidence from the claimant, insofar as relevant and material, I found:-

(a)	The claimant was born on 14 October 1982; and not 1983, as stated in his claim form.  He was employed under a contract of employment by the first-named respondent as a kitchen fitter from on or about 1 July 1999 until 8 September 2008.  At the date of the termination of his employment he was earning £335.00 gross per week and £262.00 net per week.  I am satisfied, on the evidence produced to me, that the claimant’s pay-slips from the first-named respondent from in or about 2000 until the termination of his employment showed that the first-named respondent was making relevant deductions in respect of income tax and National Insurance from the gross weekly pay due to the claimant from the first-named respondent.  I am further satisfied that, until the termination of his employment, the claimant believed the first-named respondent was making the sums, deducted as set out in the pay-slips to the relevant authorities; and it was only after the said termination he became aware the first-named respondent may have failed to pay the sums, so deducted, to the relevant tax authorities.  Any failure by the first-named respondent to properly account to the relevant tax authorities for any such deductions made by the           first-named respondent is not a matter for this tribunal on foot of the claimant’s claims against the first-named respondent.

(b)	I am satisfied the claimant’s employment was terminated without notice by the first-named respondent on 8 September 2008 on the grounds of redundancy, when the first-named respondent ceased to carry on his business and was made bankrupt.

2.2	I am satisfied, in the circumstances, the second-named respondent is no longer directly interested in the proceedings and I therefore order the second-named respondent be dismissed from the proceedings.

3.1	In light of the foregoing, I am satisfied the claimant is entitled to be paid by the         first-named respondent, and I so order, the sum of £4,338.00 made up as follows:-

		(a)	Redundancy payment :-

			6 x £330.00 (subject to statutory cap)		=	£1,980.00

		(b)	Payment in lieu of notice :-

			9 x £262.00						=	£2,358.00

			Total 								£4,338.00

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

Chairman:

Date and place of hearing:	9 March 2011, Belfast

Date decision recorded in register and issued to parties: