Sharkey v GarCel NI Ltd [2014] NIIT 1293_13IT (08 August 2014)

Sharkey v GarCel NI Ltd [2014] NIIT 1293_13IT (08 August 2014)

The claimant was constructively and unfairly dismissed due to the respondent's refusal to pay statutory holiday pay and failure to follow proper disciplinary procedures, both breaches of express contract terms. The principal reason for the respondent's conduct was the claimant's protected disclosure regarding holiday pay, rendering the dismissal automatically unfair under Article 103A. The claimant suffered detriment for making the disclosure, warranting compensation for injury to feelings. No age discrimination was established.

Citation
[2014] NIIT 1293_13IT
Parties
Claimant: Glenn Sharkey; Respondent: GarCel NI Ltd
Jurisdiction
Northern Ireland
Judgment Date
08 August 2014
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim upheld in part; claimant found to have been unfairly and automatically unfairly dismissed and suffered detriment for protected disclosure; age discrimination claim dismissed.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Protected Disclosure, Age Discrimination, Holiday Pay, Disciplinary Procedures
Employment Law Constructive Dismissal Unfair Dismissal Protected Disclosure Age Discrimination Holiday Pay Disciplinary Procedures

Case Brief

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Parties

Glenn Sharkey

Claimant

GarCel NI Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was constructively dismissed
  2. 2 Whether the dismissal was unfair and/or automatically unfair under Article 103A Employment Rights (NI) Order 1996
  3. 3 Whether the claimant suffered detriment for making a protected disclosure

Ratio Decidendi

The claimant was constructively and unfairly dismissed due to the respondent's refusal to pay statutory holiday pay and failure to follow proper disciplinary procedures, both breaches of express contract terms. The principal reason for the respondent's conduct was the claimant's protected disclosure regarding holiday pay, rendering the dismissal automatically unfair under Article 103A. The claimant suffered detriment for making the disclosure, warranting compensation for injury to feelings. No age discrimination was established.

Court Disposition

Claim upheld in part; claimant found to have been unfairly and automatically unfairly dismissed and suffered detriment for protected disclosure; age discrimination claim dismissed.

Orders

  • Respondent to pay claimant £1,184.35 for unfair dismissal.
  • Respondent to pay claimant £1,000.00 for injury to feelings.