McGlinchey v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00179_11IT (28 February 2012)

McGlinchey v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00179_11IT (28 February 2012)

The tribunal found, on the balance of probabilities, that the claimant's contract was tainted by illegality up to and including 1 October 2010 due to his knowledge and participation in a scheme to under-declare wages and defraud HMRC. This illegality rendered the contract unenforceable and barred all statutory claims, including unfair dismissal and claims under the TUPE Regulations.

Citation
[2012] NIIT 00179_11IT
Parties
Claimant: Gavin McGlinchey; First Respondent: Colm Joseph McGurk and Patrick Pearson 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 After Full Hearing
Outcome
Claims dismissed
Legal Topics
Illegality of Contract, Unfair Dismissal, Transfer of Undertakings (tupe), Holiday Pay, Notice Pay, Obligation to Inform and Consult, Service Provision Change
Employment Law Illegality of Contract Unfair Dismissal Transfer of Undertakings (tupe) Holiday Pay Notice Pay Obligation to Inform and Consult Service Provision Change

Case Brief

Summary, issues, holding and outcome

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Parties

Gavin McGlinchey

Claimant

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

First Respondent

Omega Mechanical Services Limited

Second Respondent

Procedural Posture

Industrial Tribunal / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the claimant's contract of employment was tainted by illegality
  2. 2 Whether the claimant was entitled to protection under the TUPE Regulations
  3. 3 Whether the claimant was unfairly dismissed

Ratio Decidendi

The tribunal found, on the balance of probabilities, that the claimant's contract was tainted by illegality up to and including 1 October 2010 due to his knowledge and participation in a scheme to under-declare wages and defraud HMRC. This illegality rendered the contract unenforceable and barred all statutory claims, including unfair dismissal and claims under the TUPE Regulations.

Court Disposition

Claims dismissed

Orders

  • All claims by the claimant are dismissed on the grounds of illegality of contract.