Doherty v Abel Electrical and Security S... [2014] NIIT 838_14IT (01 August 2014)

Doherty v Abel Electrical and Security S... [2014] NIIT 838_14IT (01 August 2014)

The claimant's redundancy pay claim is well-founded as the period of cessation in 2005 was a temporary cessation of work, preserving continuity. Holiday pay claim is time-barred as it was not brought within the primary limitation period. Notice pay claim fails due to lack of financial loss from absence of notice.

Citation
[2014] NIIT 838_14IT
Parties
Claimant: Ronan Doherty; Respondent: Abel Electrical and Security Services Ltd
Jurisdiction
Northern Ireland
Judgment Date
01 August 2014
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
partly allowed
Legal Topics
Redundancy Pay, Holiday Pay, Notice Pay, Limitation Period
Employment Law Redundancy Pay Holiday Pay Notice Pay Limitation Period

Case Brief

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Parties

Ronan Doherty

Claimant

Abel Electrical and Security Services Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant's holiday pay claim is time-barred
  2. 2 Whether the claimant is entitled to notice pay
  3. 3 Whether the claimant is entitled to redundancy pay

Ratio Decidendi

The claimant's redundancy pay claim is well-founded as the period of cessation in 2005 was a temporary cessation of work, preserving continuity. Holiday pay claim is time-barred as it was not brought within the primary limitation period. Notice pay claim fails due to lack of financial loss from absence of notice.

Court Disposition

partly allowed

Orders

  • Redundancy pay claim allowed; respondent liable to pay £2,520 to claimant.
  • Holiday pay claim dismissed as time-barred.