Kirby v Flaxall Products Ltd [2007] NIIT 625_06 (18 January 2007)

Kirby v Flaxall Products Ltd [2007] NIIT 625_06 (18 January 2007)

The Tribunal found that the respondent's failure to individually consult the claimant was excused by special circumstances arising from the company's sudden insolvency and cessation of trading, making further consultation impracticable. The redundancy was genuine and fair, and the claimant was not unfairly...

Source-derived case information.

Citation
[2007] NIIT 625_06
Parties
Claimant: Steven Thomas Kirby; Respondent: Flaxall Products Ltd
Jurisdiction
Northern Ireland
Judgment Date
18 January 2007
Procedural Posture
Industrial Tribunal (employment) / Final Decision After Hearing
Outcome
Claim partly allowed, partly dismissed
Legal Topics
Redundancy, Unfair Dismissal, Consultation Requirements, Breach of Contract, Pay in Lieu of Notice, Pension Contributions
Employment Law Redundancy Unfair Dismissal Consultation Requirements Breach of Contract Pay in Lieu of Notice Pension Contributions

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Summary, issues, holding and outcome

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Parties

Steven Thomas Kirby

Claimant

Flaxall Products Ltd

Respondent

Procedural Posture

Industrial Tribunal (employment) / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the respondent breached statutory consultation requirements
  3. 3 Whether the claimant is entitled to pay in lieu of notice and pension contributions

Ratio Decidendi

The Tribunal found that the respondent's failure to individually consult the claimant was excused by special circumstances arising from the company's sudden insolvency and cessation of trading, making further consultation impracticable. The redundancy was genuine and fair, and the claimant was not unfairly dismissed. However, the claimant was contractually entitled to pay in lieu of notice and pension contributions beyond the statutory maximum paid by the Redundancy Payments Service.

Court Disposition

Claim partly allowed, partly dismissed

Orders

  • Claims for unfair dismissal, protective award, health insurance, and life cover dismissed
  • Respondent ordered to pay claimant £1,190.81 for pay in lieu of notice and £351.69 for pension contributions, total £1,542.50