Doherty v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00185_11IT (28 February 2012)

The claimant’s contract was tainted by illegality up to and including 1 October 2010, with active participation and knowledge of facts rendering performance illegal, thus claims are dismissed as unenforceable.

Citation: [2012] NIIT 00185_11IT
Parties: Claimant: Paul Doherty; First Respondent: Colm Joseph McGurk and Patrick Pearse Moore t/a McGurk and Moore; Second Respondent: Omega Mechanical Services Limited
Jurisdiction: Northern Ireland
Judgment Date: 28 February 2012
Procedural Posture: Industrial Tribunal / Final Judgment
Outcome: Claims dismissed
Legal Topics: Illegality of Contract, Transfer of Undertakings (tupe), Unfair Dismissal, Holiday Pay, Notice Pay, Obligation to Inform and Consult

Employment Law Illegality of Contract Transfer of Undertakings (tupe) Unfair Dismissal Holiday Pay Notice Pay Obligation to Inform and Consult

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 4

Parties

Paul Doherty

Claimant

Colm Joseph McGurk and Patrick Pearse Moore t/a McGurk and Moore

First Respondent

Omega Mechanical Services Limited

Second Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

1 Is the claimant’s contract of employment tainted by illegality?
2 If so, for what period?
3 Were the claimants transferred to Omega by operation of the Service Provision Change (SPC) Regulations?

Ratio Decidendi

Court Disposition

Claims dismissed