McMonagle v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00189_11IT (28 February 2012)

McMonagle v Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... Colm Joseph McGurk and Patrick... Omega Mechanical Services Limi... [2012] NIIT 00189_11IT (28 February 2012)

The claimant was an employee of M&M, there was a transfer of undertaking to Omega under TUPE, and the claimant was automatically unfairly dismissed by Omega. The contract was not illegal throughout as the claimant did not knowingly participate in the illegality. The respondents failed to comply with information and consultation obligations. Compensation was awarded accordingly.

Citation
[2012] NIIT 00189_11IT
Parties
Claimant: James Joseph McMonagle; 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.
Legal Topics
Unfair Dismissal, Transfer of Undertakings (tupe), Illegality of Contract, Holiday Pay, Notice Pay, Information and Consultation Obligations
Employment Law Unfair Dismissal Transfer of Undertakings (tupe) Illegality of Contract Holiday Pay Notice Pay Information and Consultation Obligations

Case Brief

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Parties

James Joseph McMonagle

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 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 transfer of undertaking to Omega under TUPE, and the claimant was automatically unfairly dismissed by Omega. The contract was not illegal throughout as the claimant did not knowingly participate in the illegality. 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.

Orders

  • Omega Mechanical Services Limited to pay the claimant £2,693.00 for unfair dismissal, notice pay, holiday pay, and loss of statutory rights.
  • Colm Joseph McGurk and Patrick Pearse Moore t/a McGurk and Moore to pay the claimant £2,730.00 for failure to inform and consult under TUPE.