Montgomery v KMR Windows Ltd [2009] NIIT 5139_09IT (23 November 2009)

Montgomery v KMR Windows Ltd [2009] NIIT 5139_09IT (23 November 2009)

The claimant is entitled to the claimed sums for notice pay, holiday pay, arrears of pay, and statutory guarantee pay as the respondent failed to pay these amounts upon redundancy and did not contest the claims.

Citation
[2009] NIIT 5139_09IT
Parties
Claimant: William James Montgomery; Respondent: KMR Windows Ltd
Jurisdiction
Northern Ireland
Judgment Date
23 November 2009
Procedural Posture
Employment Tribunal / Decision on Employment Debts Following Redundancy
Outcome
claims for notice pay, holiday pay, arrears of pay, and statutory guarantee pay upheld
Legal Topics
Notice Pay, Holiday Pay, Arrears of Pay, Redundancy, Statutory Guarantee Pay
Employment Law Notice Pay Holiday Pay Arrears of Pay Redundancy Statutory Guarantee Pay

Case Brief

Summary, issues, holding and outcome

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Parties

William James Montgomery

Claimant

KMR Windows Ltd

Respondent

Procedural Posture

Employment Tribunal / Decision on Employment Debts Following Redundancy

Legal Issues

  1. 1 entitlement to notice pay
  2. 2 entitlement to holiday pay
  3. 3 entitlement to arrears of pay including 'lying week' and last week of employment

Ratio Decidendi

The claimant is entitled to the claimed sums for notice pay, holiday pay, arrears of pay, and statutory guarantee pay as the respondent failed to pay these amounts upon redundancy and did not contest the claims.

Court Disposition

claims for notice pay, holiday pay, arrears of pay, and statutory guarantee pay upheld

Orders

  • Respondent to pay £1,680 for notice pay
  • Respondent to pay £210 for holiday pay