Mulholland v Construction Register Ltd CRL Management Ltd, t/a Constr... Kearney Consulting Ltd Kearney Consult [2012] NIIT 01256_11IT (10 July 2012)

Mulholland v Construction Register Ltd CRL Management Ltd, t/a Constr... Kearney Consulting Ltd Kearney Consult [2012] NIIT 01256_11IT (10 July 2012)

Claims against Y, Kearney Consulting Ltd, and Kearney Consult were dismissed as the relevant transfer did not occur by the date of dismissal and was not the principal reason for dismissal. All claims against X for redundancy pay, notice pay, and unfair dismissal were well-founded as X failed to participate and did not prove fair reason for dismissal. Victoria Brown's sex discrimination claim was well-founded due to less favourable treatment while on maternity leave.

Citation
[2012] NIIT 01256_11IT
Parties
Claimant: Therese Mary Mulholland and Others; Claimant: Hilda Beamish; Claimant: James Edwards; Claimant: Jason Laverty; Claimant: Kathy Helen McKenna; Claimant: Victoria Brown; Claimant: Kelly Branney; Claimant: Jennifer Elaine Adair; Claimant: Nicola Louise McDade; Respondent: Construction Register Ltd (X); Respondent: CRL Management Ltd (Y); Respondent: Kearney Consulting Ltd; Respondent: Kearney Consult
Jurisdiction
Northern Ireland
Judgment Date
10 July 2012
Procedural Posture
Industrial Tribunal / Final Liability and Partial Remedy Decision
Outcome
Claims against Y, Kearney Consulting Ltd, and Kearney Consult dismissed. Claims against X for redundancy pay, notice pay, unfair dismissal upheld. Victoria Brown's sex discrimination claim upheld but no additional compensation ordered.
Legal Topics
Unfair Dismissal, Redundancy Pay, Notice Pay, Sex Discrimination, Transfer of Undertakings (tupe)
Employment Law Unfair Dismissal Redundancy Pay Notice Pay Sex Discrimination Transfer of Undertakings (tupe)

Case Brief

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Parties

Therese Mary Mulholland and Others

Claimant

Hilda Beamish

Claimant

James Edwards

Claimant

Jason Laverty

Claimant

Kathy Helen McKenna

Claimant

Victoria Brown

Claimant

Kelly Branney

Claimant

Jennifer Elaine Adair

Claimant

Nicola Louise McDade

Claimant

Construction Register Ltd (X)

Respondent

CRL Management Ltd (Y)

Respondent

Kearney Consulting Ltd

Respondent

Kearney Consult

Respondent

Procedural Posture

Industrial Tribunal / Final Liability and Partial Remedy Decision

Legal Issues

  1. 1 Whether claimants were unfairly dismissed by Construction Register Ltd (X)
  2. 2 Whether claimants are entitled to redundancy pay and notice pay from X
  3. 3 Whether sex discrimination occurred against Victoria Brown

Ratio Decidendi

Claims against Y, Kearney Consulting Ltd, and Kearney Consult were dismissed as the relevant transfer did not occur by the date of dismissal and was not the principal reason for dismissal. All claims against X for redundancy pay, notice pay, and unfair dismissal were well-founded as X failed to participate and did not prove fair reason for dismissal. Victoria Brown's sex discrimination claim was well-founded due to less favourable treatment while on maternity leave.

Court Disposition

Claims against Y, Kearney Consulting Ltd, and Kearney Consult dismissed. Claims against X for redundancy pay, notice pay, unfair dismissal upheld. Victoria Brown's sex discrimination claim upheld but no additional compensation ordered.

Orders

  • All claims against Kearney Consulting Ltd and Kearney Consult dismissed.
  • All claims against CRL Management Ltd (Y) dismissed.