Donnelly v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00186_11IT (28 February 2012)

Donnelly v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00186_11IT (28 February 2012)

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 illegal throughout; the claimant did not knowingly participate in illegal performance. M&M failed to comply with information and consultation obligations. Compensation is awarded accordingly.

Citation
[2012] NIIT 00186_11IT
Parties
Claimant: Kevin Patrick Donnelly; 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 / Final Judgment
Outcome
Claim upheld in part; compensation awarded.
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

Kevin Patrick Donnelly

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 / Final Judgment

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 Regulations
  3. 3 Whether the claimant was unfairly dismissed

Ratio Decidendi

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 illegal throughout; the claimant did not knowingly participate in illegal performance. M&M failed to comply with information and consultation obligations. Compensation is awarded accordingly.

Court Disposition

Claim upheld in part; compensation awarded.

Orders

  • Omega Mechanical Services Limited to pay the claimant £6,889.00
  • Colm Joseph McGurk and Patrick Pearse Moore t/a McGurk and Moore to pay the claimant £3,250.00