Moore v Jonathan Watson, t/a NI Securi... NI Security Solutions Limited [2013] NIIT 964_13IT (29 November 2013)

Moore v Jonathan Watson, t/a NI Securi... NI Security Solutions Limited [2013] NIIT 964_13IT (29 November 2013)

The claimant was automatically unfairly dismissed without notice as the respondent failed to follow statutory dismissal and disciplinary procedures, provided no reason for dismissal, and did not afford the claimant any right of appeal. The contract was not tainted by illegality as the claimant did not knowingly participate in any illegal performance. The claim for redundancy was dismissed as the claimant was replaced, not made redundant.

Citation
[2013] NIIT 964_13IT
Parties
Claimant: Cecil Moore; Respondent: Jonathan Watson, t/a NI Security Solutions; Respondent: NI Security Solutions Limited
Jurisdiction
Northern Ireland
Judgment Date
29 November 2013
Procedural Posture
Industrial Tribunal Employment / Final Judgment
Outcome
Claimant succeeded in claims for automatic unfair dismissal, notice pay, arrears of pay, and loss of statutory rights; redundancy claim dismissed.
Legal Topics
Unfair Dismissal, Breach of Contract, Unlawful Deduction From Wages, Redundancy Payment, Illegality of Contract
Employment Law Unfair Dismissal Breach of Contract Unlawful Deduction From Wages Redundancy Payment Illegality of Contract

Case Brief

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Parties

Cecil Moore

Claimant

Jonathan Watson, t/a NI Security Solutions

Respondent

NI Security Solutions Limited

Respondent

Procedural Posture

Industrial Tribunal Employment / Final Judgment

Legal Issues

  1. 1 Whether there was a transfer of undertaking from NI Security Solutions Limited to Jonathan Watson
  2. 2 Whether the claimant had continuous employment from May 2003 to 29 April 2013
  3. 3 Whether the claimant's contract was tainted by illegality

Ratio Decidendi

The claimant was automatically unfairly dismissed without notice as the respondent failed to follow statutory dismissal and disciplinary procedures, provided no reason for dismissal, and did not afford the claimant any right of appeal. The contract was not tainted by illegality as the claimant did not knowingly participate in any illegal performance. The claim for redundancy was dismissed as the claimant was replaced, not made redundant.

Court Disposition

Claimant succeeded in claims for automatic unfair dismissal, notice pay, arrears of pay, and loss of statutory rights; redundancy claim dismissed.

Orders

  • Respondent to pay claimant £15,284.64 in total for basic award, compensatory award, future loss, uplift for failure to follow statutory procedures, two lying weeks, and loss of statutory rights.
  • Redundancy claim dismissed.