Doole v KPL Contracts Ltd (In Administ... [2015] NIIT 00732_15IT (31 July 2015)

Doole v KPL Contracts Ltd (In Administ... [2015] NIIT 00732_15IT (31 July 2015)

The claimant was within the scope of the protective award, the employer failed to pay remuneration due, and although the claim was not brought within the primary time-limit, it was not reasonably practicable to do so until the protective award was made. The claim was brought within a further reasonable period, and is therefore well-founded under Article 220 of the Employment Rights (Northern Ireland) Order 1996.

Citation
[2015] NIIT 00732_15IT
Parties
Claimant: Enda Doole; Respondent: KPL Contracts Ltd (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
31 July 2015
Procedural Posture
Employment Tribunal Claim / Liability Determination Under Article 220 of the Employment Rights (northern Ireland) Order 1996
Outcome
Claim under Article 220 of the Employment Rights (Northern Ireland) Order 1996 is well-founded.
Legal Topics
Protective Award, Redundancy, Time Limits, Remuneration for Protected Period, Statutory Guarantee of Employment Debts
Employment Law Protective Award Redundancy Time Limits Remuneration for Protected Period Statutory Guarantee of Employment Debts

Case Brief

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Parties

Enda Doole

Claimant

KPL Contracts Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal Claim / Liability Determination Under Article 220 of the Employment Rights (northern Ireland) Order 1996

Legal Issues

  1. 1 Whether claimant was within the scope of the protective award
  2. 2 Whether the employer failed to pay remuneration under the protective award
  3. 3 Whether the Article 220 claim was made within the statutory time limit

Ratio Decidendi

The claimant was within the scope of the protective award, the employer failed to pay remuneration due, and although the claim was not brought within the primary time-limit, it was not reasonably practicable to do so until the protective award was made. The claim was brought within a further reasonable period, and is therefore well-founded under Article 220 of the Employment Rights (Northern Ireland) Order 1996.

Court Disposition

Claim under Article 220 of the Employment Rights (Northern Ireland) Order 1996 is well-founded.

Orders

  • Amount due to the claimant to be determined at a further hearing if necessary.