Montgomery v Bennett [2010] NIIT 6509_09IT (13 April 2010)

Montgomery v Bennett [2010] NIIT 6509_09IT (13 April 2010)

The tribunal found that the claimant's employment transferred to BC (NI) Ltd under TUPE on 1 December 2008, making BC (NI) Ltd liable for redundancy and unpaid wage claims arising after that date. The claimant was entitled to redundancy pay, final week's wages, and back pay, less statutory deductions.

Citation
[2010] NIIT 6509_09IT
Parties
Claimant: Helen Montgomery; Respondent: Craig Bennett; Respondent: Dreemore Developments Ltd (in administration); Respondent: BC (NI) Ltd
Jurisdiction
Northern Ireland
Judgment Date
13 April 2010
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed in part
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

Helen Montgomery

Claimant

Craig Bennett

Respondent

Dreemore Developments Ltd (in administration)

Respondent

BC (NI) Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment and unpaid wages following termination of employment
  2. 2 Which respondent is liable for the payments due to the claimant after business transfer under TUPE

Ratio Decidendi

The tribunal found that the claimant's employment transferred to BC (NI) Ltd under TUPE on 1 December 2008, making BC (NI) Ltd liable for redundancy and unpaid wage claims arising after that date. The claimant was entitled to redundancy pay, final week's wages, and back pay, less statutory deductions.

Court Disposition

claim allowed in part

Orders

  • BC (NI) Ltd to pay the claimant £2,641.54 in respect of redundancy payment and unpaid wages.