Brown v Lyster King T/A Maxol Filling ... Department for Employment & Le... [2012] NIIT 01986_11IT (30 January 2012)

Brown v Lyster King T/A Maxol Filling ... Department for Employment & Le... [2012] NIIT 01986_11IT (30 January 2012)

The claimant is entitled to statutory redundancy pay and notice pay as he was made redundant without notice or pay in lieu, and the employer is liable unless proven insolvent.

Citation
[2012] NIIT 01986_11IT
Parties
Claimant: James Brown; First Named Respondent: Lyster King T/A Maxol Filling Station; Second Named Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
30 January 2012
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed
Legal Topics
Redundancy Pay, Notice Pay, Insolvency, Statutory Entitlements
Employment Law Redundancy Pay Notice Pay Insolvency Statutory Entitlements

Case Brief

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Parties

James Brown

Claimant

Lyster King T/A Maxol Filling Station

First Named Respondent

Department for Employment & Learning

Second Named Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to statutory redundancy pay and notice pay
  2. 2 Whether the first-named respondent is liable for payment
  3. 3 Whether the claimant can seek payment from the second-named respondent if the first-named respondent is insolvent

Ratio Decidendi

The claimant is entitled to statutory redundancy pay and notice pay as he was made redundant without notice or pay in lieu, and the employer is liable unless proven insolvent.

Court Disposition

Claim allowed

Orders

  • The claimant is entitled to statutory redundancy pay of £2,480.25.
  • The claimant is entitled to notice pay of £1,350.00.