Anderson v BC Plant JCB Limited R Kennedy & Co (NI) Limited ... BC Plant JCB Limited R Kennedy & Co (NI) Limited (Breach of Contract Redundancy Payment Other) [2019] NIIT 08551_17IT (22 October 2019)

Anderson v BC Plant JCB Limited R Kennedy & Co (NI) Limited ... BC Plant JCB Limited R Kennedy & Co (NI) Limited (Breach of Contract Redundancy Payment Other) [2019] NIIT 08551_17IT (22 October 2019)

The tribunal found that the claimants were employed by BC Plant Ltd, that a service provision change occurred when R Kennedy & Co (NI) Limited took over the JCB dealer agreement, and that the claimants' employment transferred accordingly. The second respondent unfairly dismissed the first claimant and failed to pay...

Source-derived case information.

Citation
[2019] NIIT 08551_17IT
Parties
Claimant: Stewart Anderson; Claimant: Brian Anderson; Respondent: BC Plant JCB Limited; Respondent: R Kennedy & Co (NI) Limited; Respondent: BC Plant Ltd (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
22 October 2019
Procedural Posture
Industrial Tribunal / Final Judgment After Full Hearing
Outcome
Claims upheld in part. Awards made for unfair dismissal, notice pay, and breach of duty to inform and consult.
Legal Topics
Service Provision Change, Unfair Dismissal, Redundancy Payment, Breach of Contract, Duty to Inform and Consult
Employment Law Service Provision Change Unfair Dismissal Redundancy Payment Breach of Contract Duty to Inform and Consult

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stewart Anderson

Claimant

Brian Anderson

Claimant

BC Plant JCB Limited

Respondent

R Kennedy & Co (NI) Limited

Respondent

BC Plant Ltd (In Administration)

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment After Full Hearing

Legal Issues

  1. 1 Who was the legal employer of the claimants?
  2. 2 Did a service provision change occur under the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006?
  3. 3 Were the claimants entitled to remedies for unfair dismissal, notice pay, and redundancy?

Ratio Decidendi

The tribunal found that the claimants were employed by BC Plant Ltd, that a service provision change occurred when R Kennedy & Co (NI) Limited took over the JCB dealer agreement, and that the claimants' employment transferred accordingly. The second respondent unfairly dismissed the first claimant and failed to pay notice to the second claimant. Both the second and third respondents breached the duty to inform and consult under the Regulations.

Court Disposition

Claims upheld in part. Awards made for unfair dismissal, notice pay, and breach of duty to inform and consult.

Orders

  • Second respondent to pay £26,210.17 to the first claimant for unfair dismissal.
  • Second respondent to pay £598.88 to the second claimant for notice pay.