Carmichael v Ballyclare Precast Megamix (1994) Ltd Department for Employment and ... [2014] NIIT 1684_13IT (20 January 2014)

Carmichael v Ballyclare Precast Megamix (1994) Ltd Department for Employment and ... [2014] NIIT 1684_13IT (20 January 2014)

It was not reasonably practicable for the claimant to lodge his claim within the initial time limits as he believed the employer's accountants had done so; the claim was lodged within the extended statutory period, making the claimant entitled to the payments.

Source-derived case information.

Citation
[2014] NIIT 1684_13IT
Parties
Claimant: David Carmichael; Respondent: Ballyclare Precast; Respondent: Megamix (1994) Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
20 January 2014
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed
Legal Topics
Redundancy Payment, Notice Pay, Holiday Pay, Time Limits for Claims
Employment Law Redundancy Payment Notice Pay Holiday Pay Time Limits for Claims

Source-derived case record

Summary, issues, holding and outcome

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Parties

David Carmichael

Claimant

Ballyclare Precast

Respondent

Megamix (1994) Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was entitled to redundancy payment, notice pay, and holiday pay despite late claim submission
  2. 2 Whether it was reasonably practicable for the claimant to lodge claims within statutory time limits

Ratio Decidendi

It was not reasonably practicable for the claimant to lodge his claim within the initial time limits as he believed the employer's accountants had done so; the claim was lodged within the extended statutory period, making the claimant entitled to the payments.

Court Disposition

Claim allowed

Orders

  • Third-named respondent to pay claimant £6,271.40 as redundancy payment, notice pay, and holiday pay