Hanna v Bulk Trans Ltd Department for Employment and ... Bulk Trans Ltd Department for Employment and ... [2013] NIIT 00795_12IT (04 November 2013)
Subsistence payments are not recoverable as wages or for holiday pay purposes under statutory guarantee legislation; holiday pay is calculated on the basis of gross taxable pay and one-sixth of weekly rate due to six-day working week.
- Citation
- [2013] NIIT 00795_12IT
- Parties
- Claimant: Brian Hanna; Respondent: Bulk Trans Ltd; Respondent: Department for Employment and Learning
- Jurisdiction
- Northern Ireland
- Judgment Date
- 04 November 2013
- Procedural Posture
- Industrial Tribunal Appeal / Final Judgment
- Outcome
- Appeal partially allowed
- Legal Topics
- Redundancy, Statutory Guarantee, Holiday Pay, Wages
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Brian Hanna
Claimant
Bulk Trans Ltd
Respondent
Department for Employment and Learning
Respondent
Procedural Posture
Industrial Tribunal Appeal / Final Judgment
Legal Issues
- 1 Whether subsistence payments are recoverable as wages under statutory guarantee
- 2 Calculation of holiday pay entitlement
- 3 Basis for holiday pay calculation (one-fifth vs one-sixth of weekly pay)
Ratio Decidendi
Subsistence payments are not recoverable as wages or for holiday pay purposes under statutory guarantee legislation; holiday pay is calculated on the basis of gross taxable pay and one-sixth of weekly rate due to six-day working week.
Court Disposition
Appeal partially allowed
Orders
- Department to make a further payment of £439 to claimant in respect of wages
- No further payment in respect of holiday pay
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment