Martin v Gary Trueman [2013] NIIT 01730_12IT (10 January 2013)

Martin v Gary Trueman [2013] NIIT 01730_12IT (10 January 2013)

Claimant was entitled to redundancy payment as dismissal was by reason of redundancy; tribunal lacked jurisdiction over notice, holiday, and guarantee payment claims as they were not presented within statutory time limits and it was reasonably practicable for claimant to have done so; respondent was in breach of duty to provide written statement of employment particulars, entitling claimant to additional compensation.

Citation
[2013] NIIT 01730_12IT
Parties
Claimant: Craig Martin; Respondent: Gary Trueman
Jurisdiction
Northern Ireland
Judgment Date
10 January 2013
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Partially allowed; some claims dismissed for lack of jurisdiction.
Legal Topics
Redundancy Payment, Written Statement of Employment Particulars, Jurisdictional Time Limits, Notice Pay, Holiday Pay, Guarantee Payment
Employment Law Redundancy Payment Written Statement of Employment Particulars Jurisdictional Time Limits Notice Pay Holiday Pay Guarantee Payment

Case Brief

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Parties

Craig Martin

Claimant

Gary Trueman

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Entitlement to redundancy payment
  2. 2 Jurisdiction to entertain breach of contract claim for notice pay
  3. 3 Jurisdiction to entertain holiday pay claim

Ratio Decidendi

Claimant was entitled to redundancy payment as dismissal was by reason of redundancy; tribunal lacked jurisdiction over notice, holiday, and guarantee payment claims as they were not presented within statutory time limits and it was reasonably practicable for claimant to have done so; respondent was in breach of duty to provide written statement of employment particulars, entitling claimant to additional compensation.

Court Disposition

Partially allowed; some claims dismissed for lack of jurisdiction.

Orders

  • Respondent to pay claimant statutory redundancy payment of £1,610.44.
  • Respondent to pay claimant £432.00 for failure to provide written statement of employment particulars.