1659_07IT Reid v Anthony Eastwood T/A Charles E... [2008] NIIT 1659_07IT (09 July 2008)


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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Reid v Anthony Eastwood T/A Charles E... [2008] NIIT 1659_07IT (09 July 2008)
URL: http://www.bailii.org/nie/cases/NIIT/2008/1659_07IT.html
Cite as: [2008] NIIT 1659_7IT, [2008] NIIT 1659_07IT

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    THE INDUSTRIAL TRIBUNALS
    CASE REF: 1659/07
    CLAIMANT: Darren Reid
    RESPONDENTS: 1. Anthony Eastwood T/A Charles Eastwood & Sons
    2. Department for Employment & Learning
    DECISION
    The decision of the tribunal is that the claimant's claim be dismissed.
    Constitution of Tribunal:
    Chairman: Mr M Davey
    Appearances:
    There was no appearance by or on behalf of the claimant.
    The first-named respondent appeared in person. The second-named respondent was represented by Mr P Curran.
    REASONS
  1. The claimant in his claim form had claimed a redundancy payment on the basis of having been employed over a period of years by the respondent. The claimant in his claim form gave his date of birth as 1979. He claimed to have been working for the respondent from 27 July 1990 to 8 December 2007. On this basis it appeared that he had commenced work at the age of 11. The claim also indicated that he had been working as shop assistant for 40 hours each week at a gross wage £250. The matter had been adjourned previously. At the previous hearing the claimant had not appeared and the adjournment had been given to enable direct evidence to be obtained from the claimant. However, the claimant did not appear at the re-arranged hearing.

  2. The second respondent produced a copy of the claimant's national insurance record which indicated that, while he may have been working for the respondent part-time, he had, during the course of the tax year 2005/06, been in receipt of credits in respect of Job Seeker's Allowance for 25 weeks suggesting that there had been a break at that time. The first-named respondent was called to give evidence and presented as a credible witness. He indicated that the claimant had worked for him from time to time but that there had been a number of breaks in his employment. The last such break had taken place, in his estimation, about a year before he had ceased to trade. A letter from Canavan Kelly, the first respondent's accountants, had indicated a start date for a final period of employment for the claimant of 27 December 2005 and the first-named respondent agreed that this would be correct. The first-named respondent ceased to trade on becoming insolvent on 24 November 2006.

  3. The tribunal accepted this evidence and found that there had been a break in the claimant's employment prior to December 2005 and that a final period of employment had commenced on 27 December 2005. This meant that, at the time of the termination of the claimant's contract of employment on the first respondent's insolvency on 24 November 2006, the claimant would not have had one year's continuous service, never mind the two years he would require to entitle him to redundancy payment. Accordingly, the claim is dismissed.

    4. Chairman:
    Date and place of hearing: 12 June 2008, Belfast.
    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2008/1659_07IT.html