Simpson v Freebird Distribution Ltd [2010] NIIT 6950_09IT (19 March 2010)

Simpson v Freebird Distribution Ltd [2010] NIIT 6950_09IT (19 March 2010)

The claimant was automatically unfairly dismissed because the respondent failed to follow statutory dismissal procedures, did not provide notice, and did not pay holiday pay due on termination. The tribunal found the dismissal was not for genuine redundancy and the respondent's failure to engage in statutory procedures justified an uplift in compensation.

Citation
[2010] NIIT 6950_09IT
Parties
Claimant: Suzanne Simpson; First Named Respondent: Freebird Distribution Ltd; Second Named Respondent: Ian Brown t/a Freebird Distribution Ltd
Jurisdiction
Northern Ireland
Judgment Date
19 March 2010
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim upheld
Legal Topics
Unfair Dismissal, Redundancy, Notice Pay, Holiday Pay, Statutory Procedures
Employment Law Unfair Dismissal Redundancy Notice Pay Holiday Pay Statutory Procedures

Case Brief

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Parties

Suzanne Simpson

Claimant

Freebird Distribution Ltd

First Named Respondent

Ian Brown t/a Freebird Distribution Ltd

Second Named Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the respondent breached the claimant’s contract by failing to give notice and pay holiday pay
  3. 3 Whether the claimant was entitled to a redundancy payment

Ratio Decidendi

The claimant was automatically unfairly dismissed because the respondent failed to follow statutory dismissal procedures, did not provide notice, and did not pay holiday pay due on termination. The tribunal found the dismissal was not for genuine redundancy and the respondent's failure to engage in statutory procedures justified an uplift in compensation.

Court Disposition

Claim upheld

Orders

  • The first named respondent shall pay the claimant £4,435.80 as compensation for unfair dismissal, breach of contract for failure to give notice, and unpaid holiday pay.