Doherty v KPL Contracts Ltd (In Administ... [2015] NIIT 00797_15IT (20 August 2015)

Doherty v KPL Contracts Ltd (In Administ... [2015] NIIT 00797_15IT (20 August 2015)

The claimant was within the scope of the protective award, the employer failed to pay remuneration due under the award, and although the claim was not brought within the primary time-limit, it was not reasonably practicable to do so and the claim was brought within a further reasonable period. Therefore, the claim under Article 220 is well-founded.

Citation
[2015] NIIT 00797_15IT
Parties
Claimant: Peter Doherty; Respondent: KPL Contracts Ltd (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
20 August 2015
Procedural Posture
Employment Tribunal Claim / Merits Hearing and Decision on Liability 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, Collective Redundancy, Time Limits, Employment Rights (northern Ireland) Order 1996, Remuneration for Protected Period
Employment Law Protective Award Collective Redundancy Time Limits Employment Rights (northern Ireland) Order 1996 Remuneration for Protected Period

Case Brief

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Parties

Peter Doherty

Claimant

KPL Contracts Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal Claim / Merits Hearing and Decision on Liability Under Article 220 of the Employment Rights (northern Ireland) Order 1996

Legal Issues

  1. 1 Whether the claimant was within the scope of the relevant protective award
  2. 2 Whether the employer failed to pay remuneration pursuant to 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 under the award, and although the claim was not brought within the primary time-limit, it was not reasonably practicable to do so and the claim was brought within a further reasonable period. Therefore, the claim under Article 220 is well-founded.

Court Disposition

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

Orders

  • The amount due to the claimant will be determined at a further hearing if necessary.