Robinson v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00180_11IT (28 February 2012)

Robinson v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00180_11IT (28 February 2012)

The tribunal found that the claimant's contract was tainted by illegality up to 16 July 2010 due to his knowledge and participation in cash payments not properly declared for tax, but not thereafter. The claimant was an employee of M&M from 16 July 2010 to 1 October 2010, and there was a relevant transfer under TUPE to Omega. The claimant was dismissed by Omega but lacked sufficient service for an unfair dismissal remedy. M&M failed to comply with information and consultation obligations under TUPE, warranting compensation. Omega was liable for notice and holiday pay.

Citation
[2012] NIIT 00180_11IT
Parties
Claimant: Patrick Robinson; 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
Partially allowed
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

Patrick Robinson

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 and for what period
  2. 2 Whether there was a transfer of an undertaking under the TUPE Regulations
  3. 3 Whether the claimant was unfairly dismissed

Ratio Decidendi

The tribunal found that the claimant's contract was tainted by illegality up to 16 July 2010 due to his knowledge and participation in cash payments not properly declared for tax, but not thereafter. The claimant was an employee of M&M from 16 July 2010 to 1 October 2010, and there was a relevant transfer under TUPE to Omega. The claimant was dismissed by Omega but lacked sufficient service for an unfair dismissal remedy. M&M failed to comply with information and consultation obligations under TUPE, warranting compensation. Omega was liable for notice and holiday pay.

Court Disposition

Partially allowed

Orders

  • M&M to pay the claimant £1924 as compensation for failure to inform and consult under TUPE.
  • Omega Mechanical Services Limited to pay the claimant £146 in respect of notice pay and £87 in respect of holiday pay, totalling £233.