Catney v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... [2011] NIIT 00060_11IT (07 October 2011)

Catney v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... [2011] NIIT 00060_11IT (07 October 2011)

A TUPE transfer occurred in Autumn 2011, assigning the claimant to Firecrest (NI) Ltd, making it liable for the redundancy payment calculated at £370 multiplied by 4.5.

Citation
[2011] NIIT 00060_11IT
Parties
Claimant: Michael Catney; 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 / Final Decision on Redundancy Payment Claim
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

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Parties

Michael Catney

Claimant

Firecrest Compartmentation Ltd

Respondent

Firecrest (NI) Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Decision on Redundancy Payment Claim

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

Ratio Decidendi

A TUPE transfer occurred in Autumn 2011, assigning the claimant to Firecrest (NI) Ltd, making it liable for the redundancy payment calculated at £370 multiplied by 4.5.

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 the claimant £1,665 as redundancy payment.