Perry v Eclipse Construction Managemen... Eclipse Construction Managemen... Eclipse Construction Managemen... Eclipse Construction Managemen... [2012] NIIT 00207_12IT (26 March 2012)

Perry v Eclipse Construction Managemen... Eclipse Construction Managemen... Eclipse Construction Managemen... Eclipse Construction Managemen... [2012] NIIT 00207_12IT (26 March 2012)

The claimants were dismissed by reason of redundancy, as the respondent failed to prove otherwise. TUPE applied, preserving continuity of employment and transferring liabilities. The respondent failed to follow statutory dismissal procedures, rendering the dismissals automatically unfair. Claimants are entitled to redundancy payments, notice pay, and unpaid wages.

Citation
[2012] NIIT 00207_12IT
Parties
Claimant: Trevor Robert Alexander Barr; Claimant: Carol Perry; Claimant: Francis Ann McClure; Claimant: Cooper Albert McClure; Respondent: Eclipse Construction Management Ltd
Jurisdiction
Northern Ireland
Judgment Date
26 March 2012
Procedural Posture
Industrial Tribunal (employment) / Final Decision After Main Hearing
Outcome
Claims for redundancy pay, notice pay, and unpaid wages upheld for all claimants; unfair dismissal claim upheld for Mr Barr.
Legal Topics
Unfair Dismissal, Redundancy, Wages, Notice Pay, TUPE Transfer
Employment Law Unfair Dismissal Redundancy Wages Notice Pay TUPE Transfer

Case Brief

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Parties

Trevor Robert Alexander Barr

Claimant

Carol Perry

Claimant

Francis Ann McClure

Claimant

Cooper Albert McClure

Claimant

Eclipse Construction Management Ltd

Respondent

Procedural Posture

Industrial Tribunal (employment) / Final Decision After Main Hearing

Legal Issues

  1. 1 Whether the claimants were unfairly dismissed
  2. 2 Whether the dismissals were by reason of redundancy
  3. 3 Entitlement to redundancy payments, notice pay, and unpaid wages

Ratio Decidendi

The claimants were dismissed by reason of redundancy, as the respondent failed to prove otherwise. TUPE applied, preserving continuity of employment and transferring liabilities. The respondent failed to follow statutory dismissal procedures, rendering the dismissals automatically unfair. Claimants are entitled to redundancy payments, notice pay, and unpaid wages.

Court Disposition

Claims for redundancy pay, notice pay, and unpaid wages upheld for all claimants; unfair dismissal claim upheld for Mr Barr.

Orders

  • Respondent to pay Trevor Robert Alexander Barr £3,640 (wages), £1,837 (notice pay), £3,600 (redundancy), £1,575 (unfair dismissal)
  • Respondent to pay Francis Ann McClure £2,163 (wages), £1,656 (notice pay), £4,635 (redundancy)