McLoughlin v Breen (Breach of Contract Redundancy Payment Unfair Dismissal Other) [2019] NIIT 02203_17IT (30 May 2019)

McLoughlin v Breen (Breach of Contract Redundancy Payment Unfair Dismissal Other) [2019] NIIT 02203_17IT (30 May 2019)

The claimant is entitled to notice pay as stated in the redundancy notification, as no response was presented by the respondents and the claim is well-founded. The holiday pay claim is dismissed due to lack of evidence from the claimant.

Citation
[2019] NIIT 02203_17IT
Parties
Claimant: Elizabeth McLoughlin; Respondent: Mr Brendan Breen; Respondent: Mrs Bernadette Breen
Jurisdiction
Northern Ireland
Judgment Date
30 May 2019
Procedural Posture
Industrial Tribunal / Default Judgment
Outcome
Partly allowed
Legal Topics
Breach of Contract, Redundancy Payment, Unfair Dismissal, Notice Pay, Holiday Pay
Employment Law Breach of Contract Redundancy Payment Unfair Dismissal Notice Pay Holiday Pay

Case Brief

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Parties

Elizabeth McLoughlin

Claimant

Mr Brendan Breen

Respondent

Mrs Bernadette Breen

Respondent

Procedural Posture

Industrial Tribunal / Default Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to notice pay
  2. 2 Whether the claimant is entitled to holiday pay

Ratio Decidendi

The claimant is entitled to notice pay as stated in the redundancy notification, as no response was presented by the respondents and the claim is well-founded. The holiday pay claim is dismissed due to lack of evidence from the claimant.

Court Disposition

Partly allowed

Orders

  • Respondents to pay claimant £1037 in respect of notice pay
  • Holiday pay claim dismissed