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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Miller v Techcom Consultants Ltd [2012] NIIT 00799_12IT (01 August 2012) URL: http://www.bailii.org/nie/cases/NIIT/2012/799_12IT.html Cite as: [2012] NIIT 00799_12IT, [2012] NIIT 799_12IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 799/12
CLAIMANT: Marlene Miller
RESPONDENT: Techcom Consulants Ltd
DECISION
The tribunal finds that the claimant was an employee of the respondent company and is entitled to receive a redundancy payment and notice pay as detailed below of £8,759.76.
Constitution of Tribunal:
Chairman (Sitting alone): Mrs M Watson
Appearances:
The claimant presented her own claim.
The respondent did not appear.
1. The claimant did not have a copy of her employment contract as she gave sworn evidence that it had been signed 22 years ago, but she had copies of P.60 for several years. I inspected those dated between 2008 to end March 2011 and these certified that the claimant had paid tax as an employee during that time. The claimant also had copies from previous years, but I inspected the more recent copies.
2. In addition, the tribunal noted that the claimant was being paid contribution based Employment Support Allowance since the date termination which is only paid to employees who have made the required payments to the National Insurance Fund.
3. On that basis, I am satisfied that while the claimant had an interest in the respondent company, she was also an employee who carried out the administration and bookkeeping duties under a contract of employment.
4. The claimant is therefore entitled to receive a redundancy payment and notice pay as follows:-
Redundancy Pay
The claimant was aged 58 years, and his entitlement under the Employment Rights (Northern Ireland) Order 1996 is calculated at 28 weeks gross pay to reflect service where he was aged over 41 years of age.
Entitlement is therefore: (A) £230.76 x 28 = £6,461.28
Notice Pay
The claimant is also entitled to notice pay. The statutory limit to notice pay is 12 weeks net pay.
Entitlement is: (B) £191.54 x 12 = £2,298.48
Total entitlement is: (A) + (B) above = £8,759.76
5. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 4 July 2012, Belfast.
Date decision recorded in register and issued to parties:
