Taggart v Firecrest NI Ltd Firecrest Compartmentation Ltd Department for Employment and ... [2012] NIIT 00538_11IT (02 May 2012)

Taggart v Firecrest NI Ltd Firecrest Compartmentation Ltd Department for Employment and ... [2012] NIIT 00538_11IT (02 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 00538_11IT
Parties
Claimant: Andrew Stephen Taggart; Respondent: Firecrest NI Ltd; Respondent: Firecrest Compartmentation Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
02 May 2012
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claims against Firecrest NI Ltd for wages, holiday pay, and notice pay upheld; claims against Firecrest Compartmentation Ltd dismissed
Legal Topics
Wages, Holiday Pay, Notice Pay, Redundancy Payment, TUPE Transfer, Statutory Guarantee
Employment Law Wages Holiday Pay Notice Pay Redundancy Payment TUPE Transfer Statutory Guarantee

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Parties

Andrew Stephen Taggart

Claimant

Firecrest NI Ltd

Respondent

Firecrest Compartmentation Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to wages, holiday pay, and notice pay from Firecrest NI Ltd
  2. 2 Whether Firecrest Compartmentation Ltd is liable for any employment debts to the claimant
  3. 3 Whether a TUPE transfer occurred affecting the claimant's employment rights

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

Orders

  • Firecrest NI Ltd to pay £1,702 to the claimant for wages
  • Firecrest NI Ltd to pay £962 to the claimant for holiday pay