Dunlop v KOB Ltd [2010] NIIT 07256_09IT (08 February 2010)

Dunlop v KOB Ltd [2010] NIIT 07256_09IT (08 February 2010)

The claimant is entitled to redundancy payment, holiday pay, and notice pay from the employer. DEL has no liability for holiday pay and notice pay unless the employer is legally insolvent. The redundancy payment amount is determined by statutory maximums.

Citation
[2010] NIIT 07256_09IT
Parties
Claimant: Alister William James Dunlop; First Named Respondent: KOB Ltd; Second Named Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
08 February 2010
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in full against employer; DEL not liable unless employer becomes insolvent.
Legal Topics
Redundancy Payment, Holiday Pay, Notice Pay, Employer Insolvency, Statutory Entitlements
Employment Law Redundancy Payment Holiday Pay Notice Pay Employer Insolvency Statutory Entitlements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Alister William James Dunlop

Claimant

KOB Ltd

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 redundancy payment, holiday pay, and notice pay from the employer and/or the Department for Employment & Learning given the employer's cessation of trading but not legal insolvency

Ratio Decidendi

The claimant is entitled to redundancy payment, holiday pay, and notice pay from the employer. DEL has no liability for holiday pay and notice pay unless the employer is legally insolvent. The redundancy payment amount is determined by statutory maximums.

Court Disposition

Claim allowed in full against employer; DEL not liable unless employer becomes insolvent.

Orders

  • Employer to pay claimant redundancy payment of £5,775.
  • Employer to pay claimant holiday pay of £413.48.