Mills v Ashderg Ltd [2010] NIIT 6676_09IT (07 May 2010)

Mills v Ashderg Ltd [2010] NIIT 6676_09IT (07 May 2010)

The dismissal was automatically unfair because the respondent failed to comply with statutory dismissal procedures. However, there was a 100% likelihood that the claimant would have been dismissed for redundancy even if proper procedures were followed, so no compensatory award was made. The respondent breached the contract by failing to give proper notice, entitling the claimant to four weeks' notice pay.

Citation
[2010] NIIT 6676_09IT
Parties
Claimant: Alan Mills; Respondent: Ashderg Ltd
Jurisdiction
Northern Ireland
Judgment Date
07 May 2010
Procedural Posture
Industrial Tribunal Unfair Dismissal and Notice Pay / Final Judgment
Outcome
Claimant's dismissal declared automatically unfair; respondent ordered to pay notice pay.
Legal Topics
Unfair Dismissal, Redundancy, Notice Pay, Statutory Dismissal Procedures, Compensation
Employment Law Unfair Dismissal Redundancy Notice Pay Statutory Dismissal Procedures Compensation

Case Brief

Summary, issues, holding and outcome

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Parties

Alan Mills

Claimant

Ashderg Ltd

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal and Notice Pay / Final Judgment

Legal Issues

  1. 1 Was the claimant unfairly dismissed?
  2. 2 Did the claimant receive proper notice on termination of employment?

Ratio Decidendi

The dismissal was automatically unfair because the respondent failed to comply with statutory dismissal procedures. However, there was a 100% likelihood that the claimant would have been dismissed for redundancy even if proper procedures were followed, so no compensatory award was made. The respondent breached the contract by failing to give proper notice, entitling the claimant to four weeks' notice pay.

Court Disposition

Claimant's dismissal declared automatically unfair; respondent ordered to pay notice pay.

Orders

  • Respondent to pay claimant £1,400.00 as four weeks' notice pay.