Melaugh v KPL Contracts Ltd (In Administ... [2015] NIIT 00799_15IT (20 August 2015)

Melaugh v KPL Contracts Ltd (In Administ... [2015] NIIT 00799_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 presented 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 period considered reasonable by the tribunal.

Citation
[2015] NIIT 00799_15IT
Parties
Claimant: Declan Gerard Melaugh; Respondent: KPL Contracts Ltd (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
20 August 2015
Procedural Posture
Employment Tribunal / Liability Determination Under Article 220 of the Employment Rights (northern Ireland) Order 1996
Outcome
claim upheld
Legal Topics
Protective Award, Redundancy, Collective Consultation, Statutory Time Limits, Employment Debts
Employment Law Protective Award Redundancy Collective Consultation Statutory Time Limits Employment Debts

Case Brief

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Parties

Declan Gerard Melaugh

Claimant

KPL Contracts Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal / Liability Determination 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 presented 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 period considered reasonable by the tribunal.

Court Disposition

claim upheld

Orders

  • The claimant's claim under Article 220 of the Employment Rights Order 1996 is well-founded.
  • The amount due to the claimant will be determined during the course of a further hearing, if necessary.