Moore v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00182_11IT (28 February 2012)

Moore v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00182_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 knowing participation in a scheme to evade tax and national insurance through cash payments and false wage records. As a result, the contract was unenforceable and the claimant was precluded from pursuing claims for unfair dismissal, holiday pay, notice pay, or TUPE protection.

Citation
[2012] NIIT 00182_11IT
Parties
Claimant: Martin William Moore; 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 (employment) / Final Merits Hearing and Decision
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

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Parties

Martin William Moore

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 (employment) / Final Merits Hearing and Decision

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 knowing participation in a scheme to evade tax and national insurance through cash payments and false wage records. As a result, the contract was unenforceable and the claimant was precluded from pursuing claims for unfair dismissal, holiday pay, notice pay, or TUPE protection.

Court Disposition

Claims dismissed