Morgan v Firecrest (NI) Ltd v Department for Employment and ... [2011] NIIT 00282_11IT (15 July 2011)

Morgan v Firecrest (NI) Ltd v Department for Employment and ... [2011] NIIT 00282_11IT (15 July 2011)

There was a relevant transfer from Firecrest Compartmentation Ltd to Firecrest (NI) Ltd; liabilities for employment debts transferred to the new employer. Claims against the old employer dismissed. Claims against the new employer upheld for wages, holiday pay, notice pay, redundancy pay, and unfair dismissal....

Source-derived case information.

Citation
[2011] NIIT 00282_11IT
Parties
Claimant: Martin Gerald Morgan; Claimant: Laurence Martin; Respondent: Firecrest Compartmentation Ltd; Respondent: Firecrest (NI) Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
15 July 2011
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims against old employer and Department dismissed; claims against new employer upheld.
Legal Topics
Unfair Dismissal, Redundancy Payment, Holiday Pay, Notice Pay, Wages, Transfer of Undertakings, Statutory Guarantor, Breach of Contract
Employment Law Labour Law Unfair Dismissal Redundancy Payment Holiday Pay Notice Pay Wages Transfer of Undertakings +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Martin Gerald Morgan

Claimant

Laurence Martin

Claimant

Firecrest Compartmentation Ltd

Respondent

Firecrest (NI) Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether there was a relevant transfer under TUPER
  2. 2 Liability for employment debts (wages, holiday pay, notice pay, redundancy pay)
  3. 3 Entitlement to unfair dismissal compensation

Ratio Decidendi

There was a relevant transfer from Firecrest Compartmentation Ltd to Firecrest (NI) Ltd; liabilities for employment debts transferred to the new employer. Claims against the old employer dismissed. Claims against the new employer upheld for wages, holiday pay, notice pay, redundancy pay, and unfair dismissal. Department not liable as statutory guarantor due to lack of insolvency.

Court Disposition

Claims against old employer and Department dismissed; claims against new employer upheld.

Orders

  • Firecrest (NI) Ltd to pay Martin Gerald Morgan £348 holiday pay, £1,135 notice pay, £1,850 redundancy payment; unfair dismissal compensatory award to be decided at further hearing.
  • Firecrest (NI) Ltd to pay Laurence Martin £1,154 wages, £841 holiday pay, £3,354 notice pay, £5,070 redundancy payment; unfair dismissal compensatory award to be decided at further hearing.