White v Grahams Kitchen Centre Ltd [2015] NIIT 2638_14IT (12 February 2015)

White v Grahams Kitchen Centre Ltd [2015] NIIT 2638_14IT (12 February 2015)

The claimant was laid off for a continuous period exceeding four weeks, received no genuine offer of suitable alternative employment, and provided notice of intention to claim redundancy and termination. The letter from the claimant's solicitor constituted sufficient notice under Article 185, entitling the claimant to redundancy payment.

Citation
[2015] NIIT 2638_14IT
Parties
Claimant: John White; First Named Respondent: Grahams Kitchen Centre Ltd; Second Named Respondent: George Graham
Jurisdiction
Northern Ireland
Judgment Date
12 February 2015
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim for redundancy pay upheld; claim for holiday pay allowed by consent; notice pay claim withdrawn.
Legal Topics
Redundancy, Holiday Pay, Notice Pay, Lay Off and Short Time (lost) Provisions
Employment Law Redundancy Holiday Pay Notice Pay Lay Off and Short Time (lost) Provisions

Case Brief

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Parties

John White

Claimant

Grahams Kitchen Centre Ltd

First Named Respondent

George Graham

Second Named Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was made redundant by the first-named respondent
  2. 2 Whether the claimant was entitled to a redundancy payment
  3. 3 Whether the claimant was entitled to holiday pay for untaken holiday accrued in 2013 and 2014

Ratio Decidendi

The claimant was laid off for a continuous period exceeding four weeks, received no genuine offer of suitable alternative employment, and provided notice of intention to claim redundancy and termination. The letter from the claimant's solicitor constituted sufficient notice under Article 185, entitling the claimant to redundancy payment.

Court Disposition

Claim for redundancy pay upheld; claim for holiday pay allowed by consent; notice pay claim withdrawn.

Orders

  • First-named respondent to pay claimant £600.00 for holiday pay.
  • First-named respondent to pay claimant £13,560.00 for redundancy pay.