Archer v Little Big Fish (NI) Ltd t/a Little Big Fish Restaurant (Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Other) [2019] NIIT 01898_18IT (21 January 2019)

Archer v Little Big Fish (NI) Ltd t/a Little Big Fish Restaurant (Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Other) [2019] NIIT 01898_18IT (21 January 2019)

The tribunal found the claimant suffered unlawful deduction of wages and was entitled to holiday pay, and that the third respondent was responsible for these payments following a transfer of undertaking.

Citation
[2019] NIIT 01898_18IT
Parties
Claimant: Andrew Archer; First Respondent: Little Big Fish (NI) Ltd t/a Little Big Fish Restaurant; Second Respondent: Ruth Kimbley; Third Respondent: Jonathan Cobain; Fourth Respondent: Comani Leisure Ltd
Jurisdiction
Northern Ireland
Judgment Date
21 January 2019
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in part against third respondent; dismissed against first, second, and fourth respondents.
Legal Topics
Breach of Contract, Unauthorised Deduction of Wages, Unfair Dismissal, Holiday Pay, Transfer of Undertakings
Employment Law Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Holiday Pay Transfer of Undertakings

Case Brief

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Parties

Andrew Archer

Claimant

Little Big Fish (NI) Ltd t/a Little Big Fish Restaurant

First Respondent

Ruth Kimbley

Second Respondent

Jonathan Cobain

Third Respondent

Comani Leisure Ltd

Fourth Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant suffered unlawful deduction of wages
  2. 2 Whether the claimant was entitled to holiday pay
  3. 3 Responsibility for payment following transfer of undertaking

Ratio Decidendi

The tribunal found the claimant suffered unlawful deduction of wages and was entitled to holiday pay, and that the third respondent was responsible for these payments following a transfer of undertaking.

Court Disposition

Claim allowed in part against third respondent; dismissed against first, second, and fourth respondents.

Orders

  • Third respondent to pay claimant £1,045.80 for arrears of pay
  • Third respondent to pay claimant £904.61 for holiday pay