McFalone v Michael Young Younger Homes Ltd [2011] NIIT 02788_10IT (10 June 2011)

McFalone v Michael Young Younger Homes Ltd [2011] NIIT 02788_10IT (10 June 2011)

The claimant was employed by Younger Homes Ltd, was laid off in accordance with an express contractual provision, and gave proper notice of redundancy and termination. He satisfied statutory requirements for redundancy payment and was contractually entitled to nine weeks' notice pay, less sums already paid and job seekers allowance received. The respondent did not waive the notice period. The first respondent was not the employer and is dismissed from proceedings.

Citation
[2011] NIIT 02788_10IT
Parties
Claimant: Gavin McFalone; 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
Legal Topics
Redundancy Payment, Notice Pay, Lay Off, Breach of Contract, Employment Termination
Employment Law Redundancy Payment Notice Pay Lay Off Breach of Contract Employment Termination

Case Brief

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Parties

Gavin McFalone

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 is the amount of redundancy payment due?

Ratio Decidendi

The claimant was employed by Younger Homes Ltd, was laid off in accordance with an express contractual provision, and gave proper notice of redundancy and termination. He satisfied statutory requirements for redundancy payment and was contractually entitled to nine weeks' notice pay, less sums already paid and job seekers allowance received. The respondent did not waive the notice period. The first respondent was not the employer and is dismissed from proceedings.

Court Disposition

Claim allowed in part

Orders

  • First respondent (Michael Young) dismissed from proceedings.
  • Second respondent (Younger Homes Ltd) to pay claimant £3,420.00 as redundancy payment.