Rolston v Bennett [2010] NIIT 6857_09IT (13 April 2010)

Rolston v Bennett [2010] NIIT 6857_09IT (13 April 2010)

The tribunal found that the claimant was entitled to a redundancy payment and unpaid wages, as her employment transferred to BC (NI) Ltd under TUPE, making BC (NI) Ltd solely liable for employment debts arising after the transfer. The award was calculated based on statutory redundancy and outstanding wages, deducting amounts already paid.

Citation
[2010] NIIT 6857_09IT
Parties
Claimant: Elizabeth Victoria Rolston; Respondent: Craig Bennett; Respondent: Dreemore Developments Ltd (in administration); Respondent: BC (NI) Ltd
Jurisdiction
Northern Ireland
Judgment Date
13 April 2010
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claim upheld in part; award made to claimant against BC (NI) Ltd.
Legal Topics
Redundancy Payment, Unpaid Wages, Transfer of Undertakings (tupe), Breach of Contract, Employment Termination
Employment Law Redundancy Payment Unpaid Wages Transfer of Undertakings (tupe) Breach of Contract Employment Termination

Case Brief

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Parties

Elizabeth Victoria Rolston

Claimant

Craig Bennett

Respondent

Dreemore Developments Ltd (in administration)

Respondent

BC (NI) Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Entitlement to redundancy payment
  2. 2 Entitlement to unpaid wages and back pay
  3. 3 Liability for employment debts after business transfer under TUPE

Ratio Decidendi

The tribunal found that the claimant was entitled to a redundancy payment and unpaid wages, as her employment transferred to BC (NI) Ltd under TUPE, making BC (NI) Ltd solely liable for employment debts arising after the transfer. The award was calculated based on statutory redundancy and outstanding wages, deducting amounts already paid.

Court Disposition

Claim upheld in part; award made to claimant against BC (NI) Ltd.

Orders

  • BC (NI) Ltd to pay claimant £782.30 in respect of redundancy payment and unpaid wages.