Magill v Mark Scullion Tracey Scullion [2014] NIIT 1639_13IT (07 January 2014)

Magill v Mark Scullion Tracey Scullion [2014] NIIT 1639_13IT (07 January 2014)

The respondents breached their duty under regulation 11 of TUPER by failing to provide the required employee liability information to the claimant. The claim was allowed to proceed outside the primary time limit due to the claimant's reasonable ignorance of his rights. Although no actual loss was sustained by the...

Source-derived case information.

Citation
[2014] NIIT 1639_13IT
Parties
Claimant: Raymond Magill; Respondent: Mark Scullion; Respondent: Tracey Scullion
Jurisdiction
Northern Ireland
Judgment Date
07 January 2014
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim well-founded; compensation awarded
Legal Topics
Transfer of Undertakings, Employee Liability Information, Compensation, Time Limits
Employment Law Transfer of Undertakings Employee Liability Information Compensation Time Limits

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Parties

Raymond Magill

Claimant

Mark Scullion

Respondent

Tracey Scullion

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondents breached their obligation under regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPER) to provide employee liability information to the claimant
  2. 2 Whether the claim was presented within the applicable time limits or if an extension was justified
  3. 3 Whether compensation should be awarded and in what amount

Ratio Decidendi

The respondents breached their duty under regulation 11 of TUPER by failing to provide the required employee liability information to the claimant. The claim was allowed to proceed outside the primary time limit due to the claimant's reasonable ignorance of his rights. Although no actual loss was sustained by the claimant, an award of £250 was made to signify the tribunal's disapproval of the respondents' failure.

Court Disposition

Claim well-founded; compensation awarded

Orders

  • Respondents to pay claimant £250 as a remedy for failure to notify employee liability information