Jordan v Firecrest NI Ltd Firecrest Compartmentation Ltd Department for Employment and ... [2012] NIIT 00540_11IT (11 May 2012)

Jordan v Firecrest NI Ltd Firecrest Compartmentation Ltd Department for Employment and ... [2012] NIIT 00540_11IT (11 May 2012)

The tribunal found that a TUPE transfer occurred from Firecrest Compartmentation Ltd to Firecrest NI Ltd, making Firecrest NI Ltd liable for the claimant's employment debts. The claims for wages, holiday pay, and notice pay against Firecrest NI Ltd were well-founded and awarded. Claims against Firecrest Compartmentation Ltd were dismissed as not well-founded.

Citation
[2012] NIIT 00540_11IT
Parties
Claimant: Leo Francis Jordan; Respondent: Firecrest NI Ltd; Respondent: Firecrest Compartmentation Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
11 May 2012
Procedural Posture
Employment Tribunal / Final Decision After Hearing
Outcome
claims for wages, holiday pay, and notice pay against Firecrest NI Ltd allowed; claims against Firecrest Compartmentation Ltd dismissed
Legal Topics
Wages, Holiday Pay, Notice Pay, Redundancy Payment, TUPE Transfer
Employment Law Wages Holiday Pay Notice Pay Redundancy Payment TUPE Transfer

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 3
Sign in to unlock

Parties

Leo Francis Jordan

Claimant

Firecrest NI Ltd

Respondent

Firecrest Compartmentation 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 wages, holiday pay, and notice pay from Firecrest NI Ltd
  2. 2 Whether the claimant is entitled to redundancy payment from Firecrest Compartmentation Ltd or Firecrest NI Ltd
  3. 3 Whether a TUPE transfer occurred affecting liability for employment debts

Ratio Decidendi

The tribunal found that a TUPE transfer occurred from Firecrest Compartmentation Ltd to Firecrest NI Ltd, making Firecrest NI Ltd liable for the claimant's employment debts. The claims for wages, holiday pay, and notice pay against Firecrest NI Ltd were well-founded and awarded. Claims against Firecrest Compartmentation Ltd were dismissed as not well-founded.

Court Disposition

claims for wages, holiday pay, and notice pay against Firecrest NI Ltd allowed; claims against Firecrest Compartmentation Ltd dismissed

Orders

  • Firecrest NI Ltd to pay £1,350 to the claimant for wages
  • Firecrest NI Ltd to pay £975 to the claimant for holiday pay