Catney v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Firecrest Compartmentation Ltd Firecrest (NI) Ltd [2012] NIIT 00107_11IT (17 May 2012)

Catney v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Firecrest Compartmentation Ltd Firecrest (NI) Ltd [2012] NIIT 00107_11IT (17 May 2012)

The tribunal found that a TUPE transfer occurred from Compartmentation to NI, making NI liable for the claimant's employment debts. The claims for holiday pay and notice pay against NI were well-founded and calculated per statutory provisions. Claims against Compartmentation were dismissed.

Citation
[2012] NIIT 00107_11IT
Parties
Claimant: Michael Catney; Respondent: Firecrest Compartmentation Ltd; Respondent: Firecrest (NI) Ltd
Jurisdiction
Northern Ireland
Judgment Date
17 May 2012
Procedural Posture
Employment Claim / Final Decision After Hearing
Outcome
partly allowed
Legal Topics
Holiday Pay, Notice Pay, Redundancy Payment, TUPE Transfer

Case Brief

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Parties

Michael Catney

Claimant

Firecrest Compartmentation Ltd

Respondent

Firecrest (NI) Ltd

Respondent

Procedural Posture

Employment Claim / Final Decision After Hearing

  1. 1 entitlement to holiday pay
  2. 2 entitlement to notice pay
  3. 3 liability for redundancy payment after TUPE transfer

Ratio Decidendi

The tribunal found that a TUPE transfer occurred from Compartmentation to NI, making NI liable for the claimant's employment debts. The claims for holiday pay and notice pay against NI were well-founded and calculated per statutory provisions. Claims against Compartmentation were dismissed.

Court Disposition

partly allowed

Orders

  • All claims against Firecrest Compartmentation Ltd dismissed.
  • Firecrest (NI) Ltd to pay £444 to the claimant for holiday pay.