McGarvey v Momentum Support Limited David Ferguson Momentum Support Limited David Ferguson Momentum Support Limited David Ferguson [2013] NIIT 00412_12IT (22 January 2013)

McGarvey v Momentum Support Limited David Ferguson Momentum Support Limited David Ferguson Momentum Support Limited David Ferguson [2013] NIIT 00412_12IT (22 January 2013)

The tribunal lacks jurisdiction to hear claims regarding alleged unilateral variation of contract or failure to consult under the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006, as such jurisdiction is not conferred by the regulations.

Citation
[2013] NIIT 00412_12IT
Parties
Claimant: Jennifer McGarvey; Claimant: Rosemary Norton; Claimant: Rebecca Parsons; Respondent: Momentum Support Limited; Respondent: David Ferguson
Jurisdiction
Northern Ireland
Judgment Date
22 January 2013
Procedural Posture
Industrial Tribunal / Preliminary Jurisdictional Ruling
Outcome
Claim dismissed for want of jurisdiction
Legal Topics
TUPE, Service Provision Change, Jurisdiction, Variation of Contract, Consultation Requirements
Employment Law TUPE Service Provision Change Jurisdiction Variation of Contract Consultation Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Jennifer McGarvey

Claimant

Rosemary Norton

Claimant

Rebecca Parsons

Claimant

Momentum Support Limited

Respondent

David Ferguson

Respondent

Procedural Posture

Industrial Tribunal / Preliminary Jurisdictional Ruling

Legal Issues

  1. 1 Whether the Industrial Tribunal has jurisdiction under the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 to hear claims regarding alleged unilateral variation of contract and failure to consult

Ratio Decidendi

The tribunal lacks jurisdiction to hear claims regarding alleged unilateral variation of contract or failure to consult under the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006, as such jurisdiction is not conferred by the regulations.

Court Disposition

Claim dismissed for want of jurisdiction