Trotter v Franklin Trading Ltd [2008] NIIT 299_08IT (12 December 2008)

Trotter v Franklin Trading Ltd [2008] NIIT 299_08IT (12 December 2008)

The claimant was dismissed by reason of redundancy as the employer ceased trading at the place of employment. She was entitled to a redundancy payment based on continuous service and to damages for breach of contract due to insufficient notice, calculated as 11 weeks' pay in lieu of notice. The respondent's failure to follow statutory dismissal procedures did not warrant enhancement of the award due to exceptional financial circumstances.

Citation
[2008] NIIT 299_08IT
Parties
Claimant: Sharon Rose Trotter; Respondent: Daniel Magennis; Respondent: Franklin Trading Limited
Jurisdiction
Northern Ireland
Judgment Date
12 December 2008
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in part
Legal Topics
Redundancy, Unfair Dismissal, Breach of Contract, Transfer of Undertakings
Employment Law Redundancy Unfair Dismissal Breach of Contract Transfer of Undertakings

Case Brief

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Parties

Sharon Rose Trotter

Claimant

Daniel Magennis

Respondent

Franklin Trading Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Identity of employer at time of dismissal
  2. 2 Whether dismissal was by reason of redundancy
  3. 3 Entitlement to redundancy payment

Ratio Decidendi

The claimant was dismissed by reason of redundancy as the employer ceased trading at the place of employment. She was entitled to a redundancy payment based on continuous service and to damages for breach of contract due to insufficient notice, calculated as 11 weeks' pay in lieu of notice. The respondent's failure to follow statutory dismissal procedures did not warrant enhancement of the award due to exceptional financial circumstances.

Court Disposition

Claim allowed in part

Orders

  • Second-named respondent to pay claimant £3,610.25 as redundancy payment.
  • Second-named respondent to pay claimant £1,944.14 for breach of contract (pay in lieu of notice).