Clarke v Firecrest Compartmentation Ltd Terence Crawford Joseph Laverty Firecrest (NI) Ltd Department for Employment and ... [2012] NIIT 00437_11IT (23 May 2012)

Clarke v Firecrest Compartmentation Ltd Terence Crawford Joseph Laverty Firecrest (NI) Ltd Department for Employment and ... [2012] NIIT 00437_11IT (23 May 2012)

The claimant's claims for redundancy payment against Firecrest Compartmentation Ltd, Terence Crawford, and Joseph Laverty were not well-founded and dismissed. The claims for holiday pay and notice pay against Firecrest (NI) Ltd were well-founded, as the TUPE transfer made Firecrest (NI) Ltd liable. The amounts awarded were calculated on gross pay for holiday pay and net wages for notice pay, with no deduction for Job Seekers Allowance.

Citation
[2012] NIIT 00437_11IT
Parties
Claimant: Linda Clarke; Respondent: Firecrest Compartmentation Ltd; Respondent: Terence Crawford; Respondent: Joseph Laverty; Respondent: Firecrest (NI) Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
23 May 2012
Procedural Posture
Employment Tribunal / Final Decision After Hearing
Outcome
partially allowed
Legal Topics
Redundancy Payment, Holiday Pay, Notice Pay, TUPE Transfer, Employment Debts
Employment Law Redundancy Payment Holiday Pay Notice Pay TUPE Transfer Employment Debts

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

Parties

Linda Clarke

Claimant

Firecrest Compartmentation Ltd

Respondent

Terence Crawford

Respondent

Joseph Laverty

Respondent

Firecrest (NI) Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Employment Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to redundancy payment from respondents
  2. 2 Whether the claimant is entitled to holiday pay and notice pay from Firecrest (NI) Ltd

Ratio Decidendi

The claimant's claims for redundancy payment against Firecrest Compartmentation Ltd, Terence Crawford, and Joseph Laverty were not well-founded and dismissed. The claims for holiday pay and notice pay against Firecrest (NI) Ltd were well-founded, as the TUPE transfer made Firecrest (NI) Ltd liable. The amounts awarded were calculated on gross pay for holiday pay and net wages for notice pay, with no deduction for Job Seekers Allowance.

Court Disposition

partially allowed

Orders

  • All claims against Firecrest Compartmentation Ltd, Terence Crawford, and Joseph Laverty dismissed.
  • Firecrest (NI) Ltd ordered to pay £480 to claimant for holiday pay.