Clarke v Firecrest Compartmentation Ltd... [2011] NIIT 00437_11IT (07 October 2011)

Clarke v Firecrest Compartmentation Ltd... [2011] NIIT 00437_11IT (07 October 2011)

The claimant is entitled to a redundancy payment from Firecrest (NI) Ltd, not Firecrest Compartmentation Ltd, as a TUPE transfer occurred and liability transferred accordingly.

Citation
[2011] NIIT 00437_11IT
Parties
Claimant: Linda Clarke; Respondent: Firecrest Compartmentation Ltd; Respondent: Firecrest (NI) Ltd; Intervener: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
07 October 2011
Procedural Posture
Industrial Tribunal / Decision After Hearing
Outcome
Claim against Firecrest Compartmentation Ltd dismissed; redundancy payment awarded against Firecrest (NI) Ltd.
Legal Topics
Redundancy Payment, TUPE Transfer, Employment Rights
Employment Law Redundancy Payment TUPE Transfer Employment Rights

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 1 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Linda Clarke

Claimant

Firecrest Compartmentation Ltd

Respondent

Firecrest (NI) Ltd

Respondent

Department for Employment and Learning

Intervener

Procedural Posture

Industrial Tribunal / Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment from Firecrest Compartmentation Ltd or Firecrest (NI) Ltd
  2. 2 Whether a TUPE transfer occurred affecting the claimant's employment
  3. 3 Calculation of redundancy payment entitlement

Ratio Decidendi

The claimant is entitled to a redundancy payment from Firecrest (NI) Ltd, not Firecrest Compartmentation Ltd, as a TUPE transfer occurred and liability transferred accordingly.

Court Disposition

Claim against Firecrest Compartmentation Ltd dismissed; redundancy payment awarded against Firecrest (NI) Ltd.

Orders

  • Claimant's redundancy payment claim against Firecrest Compartmentation Ltd is dismissed.
  • Firecrest (NI) Ltd to pay claimant £8,550 as redundancy payment.