Jordan v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... [2011] NIIT 00540_11IT (07 October 2011)

Jordan v Firecrest Compartmentation Ltd Firecrest (NI) Ltd Department for Employment and ... [2011] NIIT 00540_11IT (07 October 2011)

The tribunal found that a TUPE transfer occurred and that the claimant was assigned to Firecrest (NI) Ltd at the relevant time, making Firecrest (NI) Ltd liable for the redundancy payment.

Citation
[2011] NIIT 00540_11IT
Parties
Claimant: Leo Francis Jordan; 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
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

Leo Francis Jordan

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

The tribunal found that a TUPE transfer occurred and that the claimant was assigned to Firecrest (NI) Ltd at the relevant time, making Firecrest (NI) Ltd liable for the redundancy payment.

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 £3,188 as redundancy payment.