Laverty v Firecrest Compartmentation Ltd Department for Employment and ... Firecrest NI Ltd [2011] NIIT 01109_11IT (19 October 2011)

Laverty v Firecrest Compartmentation Ltd Department for Employment and ... Firecrest NI Ltd [2011] NIIT 01109_11IT (19 October 2011)

The claimant was not employed under a contract of employment by the respondent companies; there was no substantive change in the nature of his work or obligations after incorporation, and the evidence did not support the existence of an employment relationship.

Citation
[2011] NIIT 01109_11IT
Parties
Claimant: Robert Joseph Laverty; Respondent: Firecrest Compartmentation Ltd; Respondent: Department for Employment and Learning; Respondent: Firecrest NI Ltd
Jurisdiction
Northern Ireland
Judgment Date
19 October 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims dismissed
Legal Topics
Redundancy, Employment Status, Contract of Employment
Employment Law Redundancy Employment Status Contract of Employment

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Robert Joseph Laverty

Claimant

Firecrest Compartmentation Ltd

Respondent

Department for Employment and Learning

Respondent

Firecrest NI Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was an employee under a contract of employment and entitled to redundancy payment under Article 201 of the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The claimant was not employed under a contract of employment by the respondent companies; there was no substantive change in the nature of his work or obligations after incorporation, and the evidence did not support the existence of an employment relationship.

Court Disposition

Claims dismissed

Orders

  • Claims against Firecrest Compartmentation Ltd and Firecrest NI Ltd dismissed as not well-founded.
  • Department for Employment and Learning not liable to make a redundancy payment to the claimant.