Collins v Allen Mechanical Services Ltd [2008] NIIT 142_08IT_2 (05 September 2008)

Collins v Allen Mechanical Services Ltd [2008] NIIT 142_08IT_2 (05 September 2008)

The claimants were contractually entitled to be paid for 15.36 days of holiday leave, having earned the required credits. There was no evidence of a change in the holiday pay system. Failure to pay constituted a breach of contract, entitling each claimant to compensation.

Citation
[2008] NIIT 142_08IT_2
Parties
Claimant: Robert Francis Collins; Claimant: David Samuel Clarke; Claimant: Daniel Lavery; Claimant: Gerard Crossan; Respondent: Allen Mechanical Services Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
05 September 2008
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims upheld; breach of contract found against first respondent.
Legal Topics
Holiday Pay, Breach of Contract, Redundancy, Employment Termination
Employment Law Contract Law Holiday Pay Breach of Contract Redundancy Employment Termination

Case Brief

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Parties

Robert Francis Collins

Claimant

David Samuel Clarke

Claimant

Daniel Lavery

Claimant

Gerard Crossan

Claimant

Allen Mechanical Services Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether each claimant suffered a breach of contract by not being paid for accrued holiday leave

Ratio Decidendi

The claimants were contractually entitled to be paid for 15.36 days of holiday leave, having earned the required credits. There was no evidence of a change in the holiday pay system. Failure to pay constituted a breach of contract, entitling each claimant to compensation.

Court Disposition

Claims upheld; breach of contract found against first respondent.

Orders

  • First respondent to pay £1,127.88 to Robert Francis Collins.
  • First respondent to pay £1,004.54 to David Samuel Clarke.