RIce v Praxis Care Group

The unanimous decision of the tribunal is that the claimant�s complaints of unauthorised deductions under Article 45 of the Employment Rights (Northern Ireland) Order 1996 and any associated claims, whether made under contract or any statutory provision, are not made out and the claims are dismissed by the tribunal, without further order.

The claimant was represented Mr P Boomer of Northern Ireland Public Service Alliance.

The respondent was represented by Mr C Hamill, Barrister-at-Law, instructed by Worthingtons, Solicitors.

1.������ By claim dated 7 November 2012 the claimant made complaints against the respondent. These complaints were clarified by the claimant�s representative, Mr Boomer, at the commencement of the hearing. The representative confirmed to the tribunal that the claimant was not pursuing any claim for unpaid holiday pay. Mr Boomer confirmed that the claimant�s complaints were made as a claim under contract on foot of the provisions of the Employment Rights (Northern Ireland) Order 1996 and not under the National Minimum Wage Act 1998 and regulations made thereunder.

3.������ The tribunal heard oral evidence from the claimant. No witnesses were called apart from the claimant to give evidence, including witnesses on behalf of the respondent.� The tribunal received into evidence an agreed hearing bundle consisting of some 160 pages, together with an additional bundle of documents.� The respective representatives made clear to the tribunal that a substantial body of the evidence in the matter was not broadly in dispute between the parties and there were relatively few matters of evidence and fact in major contention.�