McCabe v City Link Ltd (In Administrati...Department for the Economy [2016] NIIT 00421_16IT (24 May 2016)

McCabe v City Link Ltd (In Administrati...Department for the Economy [2016] NIIT 00421_16IT (24 May 2016)

The tribunal found the claimant was within the scope of the relevant protective award and therefore the Department ought to make payment under Article 227 of the Employment Rights Order 1996.

Citation
[2016] NIIT 00421_16IT
Parties
Claimant: Brendan McCabe; Respondent: City Link Ltd (In Administration); Respondent: Department for the Economy
Jurisdiction
Northern Ireland
Judgment Date
24 May 2016
Procedural Posture
Employment Tribunal / Decision After Main Hearing on Appeal
Outcome
claim allowed
Legal Topics
Protective Award, Remuneration, Statutory Guarantee, Appeal Against Refusal of Payment
Employment Law Protective Award Remuneration Statutory Guarantee Appeal Against Refusal of Payment

Case Brief

Summary, issues, holding and outcome

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Parties

Brendan McCabe

Claimant

City Link Ltd (In Administration)

Respondent

Department for the Economy

Respondent

Procedural Posture

Employment Tribunal / Decision After Main Hearing on Appeal

Legal Issues

  1. 1 Whether the claimant was within the scope of the protective award against City Link Ltd (In Administration)
  2. 2 Whether the Department for the Economy is obliged to make a payment to the claimant under Article 227 of the Employment Rights Order 1996

Ratio Decidendi

The tribunal found the claimant was within the scope of the relevant protective award and therefore the Department ought to make payment under Article 227 of the Employment Rights Order 1996.

Court Disposition

claim allowed

Orders

  • The Department for the Economy is to make a payment to the claimant under Article 227 of the Employment Rights Order 1996 in respect of remuneration under the protective award.
  • If the parties cannot agree on the amount due, a remedies hearing will be arranged pursuant to Article 233 of the Employment Rights Order 1996.