Millar v CI Restaurant Ltd Department for Employment and ... TL O'Briens Ltd [2011] NIIT 00452_11IT (12 August 2011)

Millar v CI Restaurant Ltd Department for Employment and ... TL O'Briens Ltd [2011] NIIT 00452_11IT (12 August 2011)

There was a relevant transfer of the business under the Transfer of Undertakings (Protection of Employment) Regulations 2006 from Oldco to Newco; therefore, Newco is liable for the claimant's employment debts, and Oldco is not. Regulation 8(7) exceptions do not apply. The claimant is entitled to wages and holiday pay from Newco.

Citation
[2011] NIIT 00452
Parties
Claimant: Gavin Gerard Millar; Respondent: CI Restaurant Ltd; Respondent: Department for Employment and Learning; Respondent: TL O’Briens Ltd
Jurisdiction
Northern Ireland
Judgment Date
12 August 2011
Procedural Posture
Employment Tribunal / Liability Judgment; Remedies Adjourned
Outcome
Claims against Oldco dismissed; claims against Newco upheld; appeal against Department dismissed; remedies hearing adjourned.
Legal Topics
Transfer of Undertakings, Wages, Holiday Pay, Insolvency, Employment Debts
Employment Law Transfer of Undertakings Wages Holiday Pay Insolvency Employment Debts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Gavin Gerard Millar

Claimant

CI Restaurant Ltd

Respondent

Department for Employment and Learning

Respondent

TL O’Briens Ltd

Respondent

Procedural Posture

Employment Tribunal / Liability Judgment; Remedies Adjourned

Legal Issues

  1. 1 Whether there was a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006
  2. 2 Which entity is liable for the claimant's employment debts
  3. 3 Whether Regulation 8(7) exceptions apply

Ratio Decidendi

There was a relevant transfer of the business under the Transfer of Undertakings (Protection of Employment) Regulations 2006 from Oldco to Newco; therefore, Newco is liable for the claimant's employment debts, and Oldco is not. Regulation 8(7) exceptions do not apply. The claimant is entitled to wages and holiday pay from Newco.

Court Disposition

Claims against Oldco dismissed; claims against Newco upheld; appeal against Department dismissed; remedies hearing adjourned.

Orders

  • Claims against CI Restaurant Ltd dismissed.
  • Claims against TL O’Briens Ltd upheld.