McShane v AJC Security Systems Ltd (in l... Tony Collins Department for Employment and ... [2014] NIIT 329_14IT (04 August 2014)

McShane v AJC Security Systems Ltd (in l... Tony Collins Department for Employment and ... [2014] NIIT 329_14IT (04 August 2014)

There was a relevant transfer under TUPE on 28 June 2013, transferring liabilities from the Company to Mr Collins. The claimant was dismissed by reason of redundancy and is entitled to redundancy pay. The unfair dismissal claim, though out of time, was allowed due to reasonable ignorance of TUPE rights, and the dismissal was unfair due to non-compliance with statutory procedures.

Citation
[2014] NIIT 329_14IT
Parties
Claimant: Joanne Mary McShane; Respondent: AJC Security Systems Ltd (in liquidation); Respondent: Tony Collins; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
04 August 2014
Procedural Posture
Employment Tribunal / Final Decision
Outcome
Claim against the Company dismissed; claim against Mr Collins for redundancy pay and unfair dismissal upheld; appeals against the Department dismissed.
Legal Topics
Redundancy Pay, Unfair Dismissal, Transfer of Undertakings, Statutory Limitation Periods
Employment Law Redundancy Pay Unfair Dismissal Transfer of Undertakings Statutory Limitation Periods

Case Brief

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Parties

Joanne Mary McShane

Claimant

AJC Security Systems Ltd (in liquidation)

Respondent

Tony Collins

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was entitled to redundancy pay and unfair dismissal compensation following a transfer of undertaking under TUPE.
  2. 2 Whether the Department for Employment and Learning was correct in refusing the claimant's application as statutory guarantor.
  3. 3 Whether the claim for unfair dismissal was presented within the statutory time limits or if an extension was justified.

Ratio Decidendi

There was a relevant transfer under TUPE on 28 June 2013, transferring liabilities from the Company to Mr Collins. The claimant was dismissed by reason of redundancy and is entitled to redundancy pay. The unfair dismissal claim, though out of time, was allowed due to reasonable ignorance of TUPE rights, and the dismissal was unfair due to non-compliance with statutory procedures.

Court Disposition

Claim against the Company dismissed; claim against Mr Collins for redundancy pay and unfair dismissal upheld; appeals against the Department dismissed.

Orders

  • Claimant's claims against AJC Security Systems Ltd dismissed.
  • Claimant awarded £1,350 redundancy payment from Mr Collins.