McCullagh v Fox & Ors [2006] NIIT 952_05 (2 June 2006)

McCullagh v Fox & Ors [2006] NIIT 952_05 (2 June 2006)

There was a relevant transfer of an undertaking under the Transfer of Undertakings (Protection of Employment) Regulations 1981, as the business assets, goodwill, and staff were divided and transferred to new partnerships, and the claimants' employment continued without interruption, thus their contracts transferred...

Source-derived case information.

Citation
[2006] NIIT 952_05
Parties
Claimant: Gemma McCullagh; Claimant: Geraldine O'Donnell; Respondent: Barry Fox; Respondent: Christine Meyler; Respondent: Kevin McGuigan
Jurisdiction
Northern Ireland
Judgment Date
02 June 2006
Procedural Posture
Industrial Tribunal / Pre Hearing Review Decision
Outcome
Claims for redundancy payment and pay in lieu of notice are not upheld; contracts of employment have transferred to the first-named respondent.
Legal Topics
Transfer of Undertakings, Protection of Employment, Redundancy, Continuity of Employment
Employment Law Transfer of Undertakings Protection of Employment Redundancy Continuity of Employment

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Summary, issues, holding and outcome

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Parties

Gemma McCullagh

Claimant

Geraldine O'Donnell

Claimant

Barry Fox

Respondent

Christine Meyler

Respondent

Kevin McGuigan

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether there was a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 1981

Ratio Decidendi

There was a relevant transfer of an undertaking under the Transfer of Undertakings (Protection of Employment) Regulations 1981, as the business assets, goodwill, and staff were divided and transferred to new partnerships, and the claimants' employment continued without interruption, thus their contracts transferred to the first-named respondent with all resulting liabilities.

Court Disposition

Claims for redundancy payment and pay in lieu of notice are not upheld; contracts of employment have transferred to the first-named respondent.

Orders

  • There was a relevant transfer of an undertaking and the claimants' contracts of employment have transferred to the first-named respondent with all resulting liabilities.