McGrath v Victor and Helen Bowman T/A Bo... Department for Employment and ... [2011] NIIT 01802_10IT (05 April 2011)

McGrath v Victor and Helen Bowman T/A Bo... Department for Employment and ... [2011] NIIT 01802_10IT (05 April 2011)

The calculation of weekly pay should be based on the claimant’s contracted hours before the reduction, as the reduced hours were a temporary measure and not a renegotiated contract.

Citation
[2011] NIIT 01802_10IT
Parties
Claimant: Martin Anthony McGrath; First Respondent: Victor and Helen Bowman T/A Bowman Windows; Second Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
05 April 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
claim allowed against second respondent, first respondent dismissed
Legal Topics
Redundancy Pay, Notice Pay, Holiday Pay, Calculation of Weekly Pay, Contractual Interpretation
Employment Law Redundancy Pay Notice Pay Holiday Pay Calculation of Weekly Pay Contractual Interpretation

Case Brief

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Parties

Martin Anthony McGrath

Claimant

Victor and Helen Bowman T/A Bowman Windows

First Respondent

Department for Employment and Learning

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the correct calculation was made by the second respondent as to the claimant’s weekly pay over the preceding twelve weeks
  2. 2 Whether the reduced hours constituted a new contract or a temporary measure under the original contract

Ratio Decidendi

The calculation of weekly pay should be based on the claimant’s contracted hours before the reduction, as the reduced hours were a temporary measure and not a renegotiated contract.

Court Disposition

claim allowed against second respondent, first respondent dismissed

Orders

  • Second respondent to pay claimant £1477 by way of unpaid redundancy pay
  • Second respondent to pay claimant £746 by way of unpaid notice pay