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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Caldwell v Alistair Duncan Duncan Rugs Ltd [2014] NIIT 223_14IT (23 May 2014) URL: http://www.bailii.org/nie/cases/NIIT/2014/223_14IT.html Cite as: [2014] NIIT 223_14IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 223/14
CLAIMANT: Niall Leonard Caldwell
RESPONDENTS: 1. Alistair Duncan
2. Duncan Rugs Ltd
DECISION
(A) The claimant was employed by the second named respondent whose correct title is Duncan Rugs Limited (in administration) and the second named respondent’s title is amended accordingly. Proceedings against the first named respondent are dismissed.
(B) The claimant’s claim that he was unfairly dismissed is well-founded and it is ordered that the second named respondent shall pay to the claimant the sum of £4,650 made up as follows:
Basic Award
Calculated in accordance with Article 153 of the Employment Rights (Northern Ireland Order 1996:
£355 (gross pay) x 1 x 10 (complete years employed) = £3,550.00
Compensatory Award
Loss of Earnings
Effective date of termination 1 November 2013 up to the hearing date being approximately 25 weeks @ £30 per week [ i.e. £295 - £265] = £ 750.00
Loss of statutory rights £ 250.00
Uplift under Article 17 Employment (Northern Ireland) Order 2003
10% uplift of compensatory award of £1000 [i.e. £750+£250] = £ 100.00
Total = £1,100.00
Constitution of the Tribunal:
Employment Judge (sitting alone): Employment Judge Bell
Appearances:
The claimant appeared in person.
There was no appearance by the first or second named respondents.
REASONS
1. Reasons for the decision were given at hearing.
RECOUPMENT
2. This award is subject to the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996 and The Social Security (Miscellaneous Amendments No.6) (Northern Ireland) 2010. The attention of the parties is drawn to the notice below which forms part of this decision.
3. The following particulars are given pursuant to the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996; The Social Security (Miscellaneous Amendments No.6) (Northern Ireland) 2010.
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£ |
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(a) Monetary award: |
£4,650.00 |
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(b) Prescribed element: |
£750.00 |
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(c) Period to which (b) relates: |
1 November 2013-30 April 2014 |
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(d) Excess of (a) over (b): |
£3,900.00 |
4. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Employment Judge:
Date and place of hearing: 30 April 2014, Belfast.
Date decision recorded in register and issued to parties:
CASE REF: 223/14
CLAIMANT: Niall Leonard Caldwell
RESPONDENTS: 1. Alistair Duncan
2. Duncan Rugs Ltd
STATEMENT RELATING TO THE RECOUPMENT OF JOBSEEKER’S ALLOWANCE/INCOME -RELATED EMPLOYMENT AND SUPPORT ALLOWANCE/ INCOME SUPPORT
1. The following particulars are given pursuant to the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996; The Social Security (Miscellaneous Amendments No.6) (Northern Ireland) 2010.
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£ |
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(a) Monetary award |
£4,650.00 |
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(b) Prescribed element |
£750.00 |
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(c) Period to which (b) relates: |
01/11/13-30/04/14 |
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(d) Excess of (a) over (b) |
£3,900.00 |
The claimant may not be entitled to the whole monetary award. Only (d) is payable forthwith; (b) is the amount awarded for loss of earnings during the period under (c) without any allowance for Jobseeker’s Allowance, Income-related Employment and Support Allowance or Income Support received by the claimant in respect of that period; (b) is not payable until the Department of Social Development has served a notice (called a recoupment notice) on the respondent to pay the whole or a part of (b) to the Department (which it may do in order to obtain repayment of Jobseeker’s Allowance, Income-related Employment and Support Allowance or Income Support paid to the claimant in respect of that period) or informs the respondent in writing that no such notice, which will not exceed (b), will be payable to the Department. The balance of (b), or the whole of it if notice is given that no recoupment notice will be served, is then payable to the claimant.
2. The Recoupment Notice must be served within the period of 21 days after the conclusion of the hearing or 9 days after the decision is sent to the parties (whichever is the later), or as soon as practicable thereafter, when the decision is given orally at the hearing. When the decision is reserved the notice must be sent within a period of 21 days after the date on which the decision is sent to the parties, or as soon as practicable thereafter.
3. The claimant will receive a copy of the recoupment notice and should inform the Department of Social Development in writing within 21 days if the amount claimed is disputed. The tribunal cannot decide that question and the respondent, after paying the amount under (d) and the balance (if any) under (b), will have no further liability to the claimant, but the sum claimed in a recoupment notice is due from the respondent as a debt to the Department whatever may have been paid to the claimant and regardless of any dispute between the claimant and the Department.
