Arbuthnot v Fisher Metal Engineering LLP Fisher Metal Engineering LLP [2011] NIIT 00283_11IT (13 April 2011)

Arbuthnot v Fisher Metal Engineering LLP Fisher Metal Engineering LLP [2011] NIIT 00283_11IT (13 April 2011)

The claimant was dismissed by reason of redundancy due to the employer's failure to pay salary, entitling her to guarantee pay, holiday pay, notice pay, and redundancy payment as calculated based on statutory criteria and continuous service under TUPE transfers.

Citation
[2011] NIIT 00283_11IT
Parties
Claimant: Dorothy Arbuthnot; Respondent: Fisher Metal Engineering LLP
Jurisdiction
Northern Ireland
Judgment Date
13 April 2011
Procedural Posture
Employment Claim / Final Decision
Outcome
claim allowed
Legal Topics
Guarantee Pay, Holiday Pay, Notice Pay, Redundancy Payment, Dismissal, TUPE Transfer
Employment Law Guarantee Pay Holiday Pay Notice Pay Redundancy Payment Dismissal TUPE Transfer

Case Brief

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Parties

Dorothy Arbuthnot

Claimant

Fisher Metal Engineering LLP

Respondent

Procedural Posture

Employment Claim / Final Decision

Legal Issues

  1. 1 Whether the claimant was dismissed by reason of redundancy
  2. 2 Entitlement to guarantee pay
  3. 3 Entitlement to holiday pay

Ratio Decidendi

The claimant was dismissed by reason of redundancy due to the employer's failure to pay salary, entitling her to guarantee pay, holiday pay, notice pay, and redundancy payment as calculated based on statutory criteria and continuous service under TUPE transfers.

Court Disposition

claim allowed

Orders

  • Respondent to pay claimant £215 in respect of guarantee pay
  • Respondent to pay claimant £317 in respect of holiday pay