Herron v Philip Wright Development Ltd [2010] NIIT 07547_09IT (11 August 2010)

Herron v Philip Wright Development Ltd [2010] NIIT 07547_09IT (11 August 2010)

The tribunal found that the statutory cap of £350 per week should have been applied in calculating the claimant's basic award, not the claimant's gross pay of £400, resulting in a corrected basic award of £1,400 instead of £1,600.

Citation
[2010] NIIT 07547_09IT
Parties
Claimant: Paul Sydney Herron; Respondent: Philip Wright Development Ltd
Jurisdiction
Northern Ireland
Judgment Date
11 August 2010
Procedural Posture
Employment Tribunal / Review of Original Decision
Outcome
original decision varied
Legal Topics
Unfair Dismissal, Compensation Calculation, Statutory Cap
Employment Law Unfair Dismissal Compensation Calculation Statutory Cap

Case Brief

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Parties

Paul Sydney Herron

Claimant

Philip Wright Development Ltd

Respondent

Procedural Posture

Employment Tribunal / Review of Original Decision

Legal Issues

  1. 1 Whether the statutory cap on a week's pay was correctly applied in calculating the basic award for unfair dismissal

Ratio Decidendi

The tribunal found that the statutory cap of £350 per week should have been applied in calculating the claimant's basic award, not the claimant's gross pay of £400, resulting in a corrected basic award of £1,400 instead of £1,600.

Court Disposition

original decision varied

Orders

  • Replace all references to 'Heron' with 'Herron'.
  • Replace all references to '£14,212.50' with '£14,012.50'.