Young v Elemorton Ltd t/a Benedicts [2009] NIIT 1359_08IT (30 September 2009)

Young v Elemorton Ltd t/a Benedicts [2009] NIIT 1359_08IT (30 September 2009)

As the claimant is no longer an employee and there is no jurisdiction to award compensation for failure to provide written particulars, the claim is dismissed.

Citation
[2009] NIIT 1359_08IT
Parties
Claimant: David Young; Respondent: Elemorton Ltd t/a Benedicts
Jurisdiction
Northern Ireland
Judgment Date
30 September 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim dismissed
Legal Topics
Written Particulars of Employment, Jurisdiction of Tribunal, Employment Rights (northern Ireland) Order 1996, Employment (northern Ireland) Order 2003
Employment Law Written Particulars of Employment Jurisdiction of Tribunal Employment Rights (northern Ireland) Order 1996 Employment (northern Ireland) Order 2003

Case Brief

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Parties

David Young

Claimant

Elemorton Ltd t/a Benedicts

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent failed to provide written particulars of employment
  2. 2 Whether the tribunal has jurisdiction to award compensation for failure to provide written particulars
  3. 3 Whether there is utility in determining the terms of employment when the claimant is no longer employed

Ratio Decidendi

As the claimant is no longer an employee and there is no jurisdiction to award compensation for failure to provide written particulars, the claim is dismissed.

Court Disposition

Claim dismissed