Barton v Michael Young Younger Homes Ltd [2011] NIIT 02303_10IT (10 June 2011)

Barton v Michael Young Younger Homes Ltd [2011] NIIT 02303_10IT (10 June 2011)

The claimant was employed by Younger Homes Ltd, was laid off without pay, and gave proper notice to claim redundancy. The contract permitted lay off by implication. The claimant was entitled to redundancy pay calculated at the statutory maximum, but not to notice pay or bonus payment as the sums received for holiday pay and wages exceeded any notice pay due and the bonus entitlement was insufficiently precise.

Citation
[2011] NIIT 02303_10IT
Parties
Claimant: Patrick Barton; Respondent: Michael Young; Respondent: Younger Homes Ltd
Jurisdiction
Northern Ireland
Judgment Date
10 June 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed in part; redundancy pay awarded; claims for notice pay, holiday pay, and bonus payment dismissed.
Legal Topics
Redundancy Payment, Lay Off, Notice Pay, Holiday Pay, Bonus Payment, Breach of Contract
Employment Law Redundancy Payment Lay Off Notice Pay Holiday Pay Bonus Payment Breach of Contract

Case Brief

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Parties

Patrick Barton

Claimant

Michael Young

Respondent

Younger Homes Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Who was the claimant’s employer at the effective date of termination?
  2. 2 Was the claimant eligible for redundancy payment by reason of being laid off?
  3. 3 What amount of redundancy payment was due?

Ratio Decidendi

The claimant was employed by Younger Homes Ltd, was laid off without pay, and gave proper notice to claim redundancy. The contract permitted lay off by implication. The claimant was entitled to redundancy pay calculated at the statutory maximum, but not to notice pay or bonus payment as the sums received for holiday pay and wages exceeded any notice pay due and the bonus entitlement was insufficiently precise.

Court Disposition

Claim allowed in part; redundancy pay awarded; claims for notice pay, holiday pay, and bonus payment dismissed.

Orders

  • First named respondent (Michael Young) dismissed from proceedings.
  • Second named respondent (Younger Homes Ltd) to pay claimant £1,140.00 as redundancy payment.