McComb v Access [2009] NIIT 1234_08IT (14 January 2009)

McComb v Access [2009] NIIT 1234_08IT (14 January 2009)

The claimant unreasonably refused an offer to return to his old job on the same terms before the end of his employment, so he is not entitled to a redundancy payment under Article 176 of the 1996 Order.

Citation
[2009] NIIT 1234_08IT
Parties
Claimant: David Samuel McComb; Respondent: Access & Support Ltd
Jurisdiction
Northern Ireland
Judgment Date
14 January 2009
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim dismissed
Legal Topics
Redundancy Payment, Unreasonable Refusal of Suitable Employment, Withdrawal of Notice
Employment Law Redundancy Payment Unreasonable Refusal of Suitable Employment Withdrawal of Notice

Case Brief

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Parties

David Samuel McComb

Claimant

Access & Support Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment after refusing an offer to return to his old job on the same terms

Ratio Decidendi

The claimant unreasonably refused an offer to return to his old job on the same terms before the end of his employment, so he is not entitled to a redundancy payment under Article 176 of the 1996 Order.

Court Disposition

claim dismissed