Smith v Gerry Gleeson [2011] NIIT 00844_11IT (27 June 2011)

Smith v Gerry Gleeson [2011] NIIT 00844_11IT (27 June 2011)

The claimant was laid off for the requisite period, gave written notice, resigned after the statutory notice period, and the respondent did not serve a counter notice. The statutory requirements for redundancy payment were met.

Citation
[2011] NIIT 00844_11IT
Parties
Claimant: Stephen Bernard Smith; Respondent: Gerry Gleeson
Jurisdiction
Northern Ireland
Judgment Date
27 June 2011
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Redundancy Payment, Lay Off, Notice Requirements
Employment Law Redundancy Payment Lay Off Notice Requirements

Case Brief

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Parties

Stephen Bernard Smith

Claimant

Gerry Gleeson

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment under Article 183 of The Employment Rights (Northern Ireland) Order 1996 due to being laid off.
  2. 2 Whether the procedural requirements for notice and timing under Articles 183 and 185 were satisfied.

Ratio Decidendi

The claimant was laid off for the requisite period, gave written notice, resigned after the statutory notice period, and the respondent did not serve a counter notice. The statutory requirements for redundancy payment were met.

Court Disposition

claim allowed

Orders

  • The claimant is awarded a redundancy payment of £1,600.00.