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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Glover v John Hoey Adrienne Woods Grand Parade Service Station L... [2013] NIIT 02052_12IT (12 April 2013) URL: http://www.bailii.org/nie/cases/NIIT/2013/2052_12IT.html Cite as: [2013] NIIT 2052_12IT, [2013] NIIT 02052_12IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2052/12
CLAIMANT: Nichola Michelle Glover
RESPONDENTS: 1. John Hoey
2. Adrienne Woods
3. Grand Parade Service Station Ltd
DECISION
The unanimous decision of the tribunal is that the claimant did not receive a Statement of Main Terms of Employment and is therefore entitled to two weeks’ pay being £291.84. The claimant did not receive an itemised pay statement and is therefore entitled to a further two weeks’ pay being £291.84. The claimant is entitled to one week’s notice pay being £145.92. The claimant is entitled to 12 days holiday pay being £583.68. The claimant was paid at a rate below the minimum wage and is entitled to £501.12 in this respect. The claimant is entitled to a total of £1,814.40
Constitution of Tribunal:
Chairman: Ms F Oliver
Members: Mr S Kearney
Mr B Heaney
Appearances
The claimant attended and represented herself.
The respondent did not attend.
ISSUES
1. What is the correct name of the respondent?
2. Was the claimant paid at a rate below the minimum wage?
3. Did the claimant receive either pay slips or terms of employment?
4. Is the claimant entitled to holiday pay?
EVIDENCE
5. The tribunal considered the oral evidence from the claimant and the claim form and response.
FINDINGS OF FACT
6. The claimant was employed by the third respondent as a sales advisor from 16 November 2011 to 27 July 2012. The claimant was employed for three days a week (twenty-four hours) earning £132.00 gross per week. The claimant did not have tax deducted so her net pay was also £132.00 per week.
7. The claimant asked for itemised pay statements and a statement of her main terms of employment but neither was provided.
8. The claimant was paid at a rate of £5.50 per hour.
9. The claimant’s last day of work was 27 July 2012. The claimant was not given any notice that her job was finishing but she was not asked to work after that date.
10. The claimant did not receive any holiday pay.
11. As the claimant worked a three day week she was entitled to 60% of 28 days annual leave. On a pro rata basis taking into account the number of weeks worked this equates to 12 days holidays.
APPLYING THE LAW TO THE FINDINGS OF FACT
12. The respondents provided a letter from a firm of accountants indicating that the first and second named respondents were not employers and that the claimant was employed by the third respondent Grand Parade Service Station Ltd. The tribunal accept this letter as evidence of the correct position and confirm that the claim against the first two respondents is dismissed and the third respondent is the correct and only respondent.
13. The claimant was paid at a rate below the minimum wage for the period of her employment and is entitled to £501.12 in respect of the 24 hours a week worked for 36 weeks.
14. The claimant should have been paid £145.92 per week and we take this as the correct weeks pay when calculating further entitlement.
15. The claimant did not receive a Statement of Main Terms of Employment and is therefore entitled to two weeks pay being £291.84
16. The claimant did not receive an itemised pay statement and is therefore entitled to a further two weeks pay being £291.84.
17. The claimant is entitled to one weeks notice pay being £145.92
18. The claimant is entitled to 12 days holiday pay being £583.68.
19. The claimant is entitled to a total of £1,814.40
20. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 5 February 2013, Belfast.
Date decision recorded in register and issued to parties:
