Carlin v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00184_11IT (28 February 2012)

Carlin v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00184_11IT (28 February 2012)

The tribunal found the claimant was an employee of M&M, there was a relevant transfer under TUPE to Omega, and the claimant was automatically unfairly dismissed by Omega. The contract was not so tainted by illegality as to bar her claim, as she did not knowingly participate in the illegal performance. The respondents failed to comply with information and consultation obligations. Compensation was awarded accordingly.

Citation
[2012] NIIT 00184_11IT
Parties
Claimant: Samantha Carlin; 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 Judgment After Full Hearing
Outcome
Claim allowed in part; compensation awarded against both respondents as specified.
Legal Topics
Transfer of Undertakings (tupe), Unfair Dismissal, Illegality of Contract, Holiday Pay, Notice Pay, Information and Consultation Obligations
Employment Law Transfer of Undertakings (tupe) Unfair Dismissal Illegality of Contract Holiday Pay Notice Pay Information and Consultation Obligations

Case Brief

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Parties

Samantha Carlin

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 Judgment After Full Hearing

Legal Issues

  1. 1 Whether the claimant's contract of employment was tainted by illegality
  2. 2 Whether there was a transfer of an undertaking under TUPE
  3. 3 Whether the claimant was unfairly dismissed

Ratio Decidendi

The tribunal found the claimant was an employee of M&M, there was a relevant transfer under TUPE to Omega, and the claimant was automatically unfairly dismissed by Omega. The contract was not so tainted by illegality as to bar her claim, as she did not knowingly participate in the illegal performance. The respondents failed to comply with information and consultation obligations. Compensation was awarded accordingly.

Court Disposition

Claim allowed in part; compensation awarded against both respondents as specified.

Orders

  • Omega Mechanical Services Limited to pay the claimant £13,459.39 for unfair dismissal, notice, holiday pay, and loss of statutory rights.
  • Colm Joseph McGurk and Patrick Pearse Moore t/a McGurk and Moore to pay the claimant £4,420 for failure to inform and consult.