McCoubrey v I.M. Windows and Conservatorie... [2009] NIIT 228_09IT (18 June 2009)

McCoubrey v I.M. Windows and Conservatorie... [2009] NIIT 228_09IT (18 June 2009)

The claimant's employment was terminated by reason of redundancy as the employer ceased trading, entitling him to statutory redundancy payment, pay in lieu of accrued but untaken holidays, and pay in lieu of notice, as the respondent failed to provide these payments or notice.

Citation
[2009] NIIT 228_09IT
Parties
Claimant: Graham Stanley McCoubrey; Respondent: I. M. Windows and Conservatories Limited
Jurisdiction
Northern Ireland
Judgment Date
18 June 2009
Procedural Posture
Industrial Tribunal / Final Decision After Hearing; Respondent Absent
Outcome
Claim allowed in full; respondent ordered to pay claimant.
Legal Topics
Redundancy, Holiday Pay, Notice Pay, Breach of Contract
Employment Law Redundancy Holiday Pay Notice Pay Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Graham Stanley McCoubrey

Claimant

I. M. Windows and Conservatories Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing; Respondent Absent

Legal Issues

  1. 1 Whether the claimant's employment was terminated by reason of redundancy and entitlement to statutory redundancy payment
  2. 2 Whether the claimant had outstanding holidays accrued but not taken and entitlement to pay in lieu
  3. 3 Whether the respondent failed to provide notice or pay in lieu and entitlement to notice pay

Ratio Decidendi

The claimant's employment was terminated by reason of redundancy as the employer ceased trading, entitling him to statutory redundancy payment, pay in lieu of accrued but untaken holidays, and pay in lieu of notice, as the respondent failed to provide these payments or notice.

Court Disposition

Claim allowed in full; respondent ordered to pay claimant.

Orders

  • Respondent to pay claimant £2,407.29 in respect of statutory redundancy payment, outstanding holiday pay, and notice monies.