Taggart v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... [2011] NIIT 00545_11IT (07 October 2011)

Taggart v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... [2011] NIIT 00545_11IT (07 October 2011)

A TUPE transfer occurred in Autumn 2011, making Firecrest (NI) Ltd liable for the claimant's redundancy payment of £3,900. The claim against Firecrest Compartmentation Ltd was not well-founded and was dismissed.

Citation
[2011] NIIT 00545_11IT
Parties
Claimant: Hugh Patrick Taggart; Respondent: Firecrest Compartmentation Ltd; Respondent: Firecrest (NI) Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
07 October 2011
Procedural Posture
Industrial Tribunal / Decision After Hearing
Outcome
Partially allowed
Legal Topics
Redundancy Payment, TUPE Transfer, Employment Rights
Employment Law Redundancy Payment TUPE Transfer Employment Rights

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Parties

Hugh Patrick Taggart

Claimant

Firecrest Compartmentation Ltd

Respondent

Firecrest (NI) Ltd

Respondent

Department for Employment and Learning

Respondent

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 redundancy liability
  3. 3 Whether the Department for Employment and Learning is liable for redundancy payment

Ratio Decidendi

A TUPE transfer occurred in Autumn 2011, making Firecrest (NI) Ltd liable for the claimant's redundancy payment of £3,900. The claim against Firecrest Compartmentation Ltd was not well-founded and was dismissed.

Court Disposition

Partially allowed

Orders

  • Claim against Firecrest Compartmentation Ltd dismissed
  • Firecrest (NI) Ltd to pay claimant £3,900 as redundancy payment