Winchester v Blue Van Co Ltd Department for Employment and ... Blue Van Co Ltd Department for Employment and ... [2013] NIIT 01437_12IT (01 March 2013)

Winchester v Blue Van Co Ltd Department for Employment and ... Blue Van Co Ltd Department for Employment and ... [2013] NIIT 01437_12IT (01 March 2013)

There was a relevant transfer of the Intercity business to Blue Van under TUPER by May 2012, resulting in Blue Van inheriting employment liabilities for Winchester. Winchester's claims for holiday pay, notice pay, and redundancy pay are well-founded against Blue Van. Forsythe's claims fail as his employment continued with Blue Van and he was not dismissed. Appeals against the Department are dismissed as the statutory conditions for Department liability are not met.

Citation
[2013] NIIT 01437_12IT
Parties
Claimant: Wesley Winchester; Claimant: Colin Forsythe; Respondent: Blue Van Co Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
01 March 2013
Procedural Posture
Industrial Tribunal / Liability Determination; Remedies and Unfair Dismissal to Be Determined at Subsequent Hearing
Outcome
Winchester's claims for holiday pay, notice pay, and redundancy pay against Blue Van are upheld; Forsythe's claims are dismissed; both claimants' appeals against the Department are dismissed; unfair dismissal claim for Winchester and quantum to be determined at next hearing.
Legal Topics
Transfer of Undertakings (protection of Employment) Regulations (tuper), Redundancy, Holiday Pay, Notice Pay, Unfair Dismissal, Service Provision Change Regulations (spcr)
Employment Law Transfer of Undertakings (protection of Employment) Regulations (tuper) Redundancy Holiday Pay Notice Pay Unfair Dismissal Service Provision Change Regulations (spcr)

Case Brief

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Parties

Wesley Winchester

Claimant

Colin Forsythe

Claimant

Blue Van Co Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal / Liability Determination; Remedies and Unfair Dismissal to Be Determined at Subsequent Hearing

Legal Issues

  1. 1 Whether there was a relevant transfer under TUPER from Intercity to Blue Van
  2. 2 Whether Blue Van is liable for holiday pay, notice pay, and redundancy pay to claimants
  3. 3 Whether claimants' appeals against the Department for Employment and Learning should be upheld

Ratio Decidendi

There was a relevant transfer of the Intercity business to Blue Van under TUPER by May 2012, resulting in Blue Van inheriting employment liabilities for Winchester. Winchester's claims for holiday pay, notice pay, and redundancy pay are well-founded against Blue Van. Forsythe's claims fail as his employment continued with Blue Van and he was not dismissed. Appeals against the Department are dismissed as the statutory conditions for Department liability are not met.

Court Disposition

Winchester's claims for holiday pay, notice pay, and redundancy pay against Blue Van are upheld; Forsythe's claims are dismissed; both claimants' appeals against the Department are dismissed; unfair dismissal claim for Winchester and quantum to be determined at next hearing.

Orders

  • Blue Van is liable to Winchester for holiday pay, notice pay, and redundancy pay (quantum to be determined).
  • No order on unfair dismissal until next hearing.