McClelland v Ian McKay (Builder) [2011] NIIT 01435_11IT (08 September 2011)

McClelland v Ian McKay (Builder) [2011] NIIT 01435_11IT (08 September 2011)

The claimant was made redundant due to the closure of the respondent's business, had three years' service, and was entitled to a statutory redundancy payment calculated on his age, length of service, and weekly pay. The respondent did not dispute the claim for unpaid wages, which was therefore awarded.

Citation
[2011] NIIT 01435_11IT
Parties
Claimant: Kenneth James McClelland; Respondent: Ian McKay (Builder)
Jurisdiction
Northern Ireland
Judgment Date
08 September 2011
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Redundancy Payment, Unlawful Deduction From Wages
Employment Law Redundancy Payment Unlawful Deduction From Wages

Case Brief

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Parties

Kenneth James McClelland

Claimant

Ian McKay (Builder)

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment
  2. 2 Whether the claimant is entitled to payment for unlawful deductions from wages

Ratio Decidendi

The claimant was made redundant due to the closure of the respondent's business, had three years' service, and was entitled to a statutory redundancy payment calculated on his age, length of service, and weekly pay. The respondent did not dispute the claim for unpaid wages, which was therefore awarded.

Court Disposition

claim allowed

Orders

  • Respondent to pay claimant £956.38 as redundancy payment
  • Respondent to pay claimant £408.00 for unlawful deductions from wages