Foster v Hunter (t/a Central secur...) [2009] NIIT 5753_09IT (08 December 2009)

Foster v Hunter (t/a Central secur...) [2009] NIIT 5753_09IT (08 December 2009)

The tribunal found that the claimant was dismissed by reason of redundancy due to a reduction in business, was entitled to redundancy payment for over two years' service, and was owed contractual sums for notice, holiday pay, and wages. The failure to follow statutory dismissal procedure did not affect the outcome as the claimant would have been dismissed for redundancy in any event.

Citation
[2009] NIIT 5753_09IT
Parties
Claimant: Gary Foster; Respondent: Brian Hunter, T/A Central Security Systems
Jurisdiction
Northern Ireland
Judgment Date
08 December 2009
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed in part
Legal Topics
Redundancy, Unfair Dismissal, Breach of Contract, Statutory Dismissal Procedure, Holiday Pay, Notice Pay, Wages
Employment Law Redundancy Unfair Dismissal Breach of Contract Statutory Dismissal Procedure Holiday Pay Notice Pay Wages

Case Brief

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Parties

Gary Foster

Claimant

Brian Hunter, T/A Central Security Systems

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was dismissed by reason of redundancy
  2. 2 Whether the respondent's failure to follow statutory dismissal procedure affected the redundancy selection outcome
  3. 3 What redundancy payment was due to the claimant

Ratio Decidendi

The tribunal found that the claimant was dismissed by reason of redundancy due to a reduction in business, was entitled to redundancy payment for over two years' service, and was owed contractual sums for notice, holiday pay, and wages. The failure to follow statutory dismissal procedure did not affect the outcome as the claimant would have been dismissed for redundancy in any event.

Court Disposition

claim allowed in part

Orders

  • Respondent to pay claimant £184.00 as redundancy payment
  • Respondent to pay claimant £666.00 for breach of contract (wages, notice, holiday pay)