Scarlett v Craig Bennett [2010] NIIT 6092_09IT (13 April 2010)

Scarlett v Craig Bennett [2010] NIIT 6092_09IT (13 April 2010)

The claimant was contractually entitled to redundancy payment and unpaid wages as evidenced by her final pay slip and employment contract. Liability for these payments rests with BC (NI) Ltd as the employer at the relevant time following the TUPE transfer. The tribunal awarded the sums claimed as contractual entitlements outstanding at termination.

Citation
[2010] NIIT 6092_09IT
Parties
Claimant: Iris Ann Scarlett; Respondent: Craig Bennett; Respondent: Dreemore Developments Ltd (in administration); Respondent: BC (NI) Ltd
Jurisdiction
Northern Ireland
Judgment Date
13 April 2010
Procedural Posture
Employment Claim / Final Judgment
Outcome
claim allowed in part
Legal Topics
Redundancy Payment, Unpaid Wages, Contractual Entitlement, Transfer of Undertakings (tupe)
Employment Law Redundancy Payment Unpaid Wages Contractual Entitlement Transfer of Undertakings (tupe)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Iris Ann Scarlett

Claimant

Craig Bennett

Respondent

Dreemore Developments Ltd (in administration)

Respondent

BC (NI) Ltd

Respondent

Procedural Posture

Employment Claim / Final Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to redundancy payment and unpaid wages after business transfer under TUPE.
  2. 2 Whether Dreemore Developments Ltd or BC (NI) Ltd is liable for the claimant's claims.

Ratio Decidendi

The claimant was contractually entitled to redundancy payment and unpaid wages as evidenced by her final pay slip and employment contract. Liability for these payments rests with BC (NI) Ltd as the employer at the relevant time following the TUPE transfer. The tribunal awarded the sums claimed as contractual entitlements outstanding at termination.

Court Disposition

claim allowed in part

Orders

  • Respondents to pay claimant £1,021.97 in respect of redundancy payment and unpaid wages.