Herdman v Fred Cameron [2011] NIIT 01106_10IT (18 April 2011)

Herdman v Fred Cameron [2011] NIIT 01106_10IT (18 April 2011)

The claimant was dismissed by reason of redundancy, was not paid redundancy or notice pay, and the respondent failed to follow statutory dismissal procedures, making the dismissal automatically unfair and requiring a compensatory uplift.

Citation
[2011] NIIT 01106_10IT
Parties
Claimant: Anne Elizabeth Herdman; Respondent: Fred Cameron
Jurisdiction
Northern Ireland
Judgment Date
18 April 2011
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim upheld
Legal Topics
Redundancy, Unfair Dismissal, Notice Pay, Statutory Dismissal Procedure
Employment Law Redundancy Unfair Dismissal Notice Pay Statutory Dismissal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Anne Elizabeth Herdman

Claimant

Fred Cameron

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was dismissed by reason of redundancy
  2. 2 Whether the respondent failed to make a redundancy payment
  3. 3 Whether the respondent failed to pay notice pay

Ratio Decidendi

The claimant was dismissed by reason of redundancy, was not paid redundancy or notice pay, and the respondent failed to follow statutory dismissal procedures, making the dismissal automatically unfair and requiring a compensatory uplift.

Court Disposition

claim upheld

Orders

  • Respondent to pay claimant £3,800.00 as basic award
  • Respondent to pay claimant £5,700.00 as compensatory award