Neill v City Link Ltd (In Administrati...Department for the Economy [2016] NIIT 00418_16IT (24 May 2016)

Neill v City Link Ltd (In Administrati...Department for the Economy [2016] NIIT 00418_16IT (24 May 2016)

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

Citation
[2016] NIIT 00418_16IT
Parties
Claimant: Stephen Neill; Respondent: City Link Ltd (In Administration); Respondent: Department for the Economy
Jurisdiction
Northern Ireland
Judgment Date
24 May 2016
Procedural Posture
Employment Tribunal / Decision on Appeal Regarding Payment Under Protective Award
Outcome
appeal 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

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Parties

Stephen Neill

Claimant

City Link Ltd (In Administration)

Respondent

Department for the Economy

Respondent

Procedural Posture

Employment Tribunal / Decision on Appeal Regarding Payment Under Protective Award

Legal Issues

  1. 1 Whether the claimant is entitled to payment from the Department under Article 227 of the Employment Rights Order 1996 in respect of remuneration due under a protective award against City Link Ltd (In Administration)
  2. 2 Whether the claimant was within the scope of the relevant protective award

Ratio Decidendi

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

Court Disposition

appeal allowed

Orders

  • The Department for the Economy must 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.