Taggart v Firecrest NI Ltd Firecrest Compartmentation Ltd Department for Employment and ... [2012] NIIT 00545_11IT (11 May 2012)
Firecrest NI Ltd became liable for redundancy payment, wages, holiday pay, and notice pay following a TUPE transfer; claimant entitled to awards as calculated; statutory guarantee not triggered due to employer's solvency.
- Citation
- [2012] NIIT 00545_11IT
- Parties
- Claimant: Hugh Patrick Taggart; Respondent: Firecrest NI Ltd; Respondent: Firecrest Compartmentation Ltd; Respondent: Department for Employment and Learning
- Jurisdiction
- Northern Ireland
- Judgment Date
- 11 May 2012
- Procedural Posture
- Industrial Tribunal / Final Decision
- Outcome
- claims against Firecrest Compartmentation Ltd dismissed; claims against Firecrest NI Ltd for wages, holiday pay, and notice pay upheld
- Legal Topics
- Redundancy Payment, Wages, Holiday Pay, Notice Pay, TUPE Transfer
Case Brief
Summary, issues, holding and outcome
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Parties
Hugh Patrick Taggart
Claimant
Firecrest NI Ltd
Respondent
Firecrest Compartmentation Ltd
Respondent
Department for Employment and Learning
Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 1 entitlement to redundancy payment
- 2 liability for wages
- 3 liability for holiday pay
Ratio Decidendi
Firecrest NI Ltd became liable for redundancy payment, wages, holiday pay, and notice pay following a TUPE transfer; claimant entitled to awards as calculated; statutory guarantee not triggered due to employer's solvency.
Court Disposition
claims against Firecrest Compartmentation Ltd dismissed; claims against Firecrest NI Ltd for wages, holiday pay, and notice pay upheld
Orders
- Firecrest NI Ltd to pay £1,404 in respect of wages
- Firecrest NI Ltd to pay £1,014 in respect of holiday pay
Full Case Text
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