Garvey v Norlect Engineering (UK) Limit... [2010] NIIT 1661_10IT (26 October 2010)

Garvey v Norlect Engineering (UK) Limit... [2010] NIIT 1661_10IT (26 October 2010)

The claimant was entitled to a redundancy payment because he was laid off for four consecutive weeks, gave proper notice, and the payment made was a statutory guarantee payment, not contractual. The offer of alternative employment with an associated company did not affect his entitlement as there was no contractual provision for transfer and the employment with the respondent terminated upon acceptance of the new position.

Citation
[2010] NIIT 1661_10IT
Parties
Claimant: John Garvey; Respondent: Norlect Engineering (UK) Limited
Jurisdiction
Northern Ireland
Judgment Date
26 October 2010
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Redundancy Payment, Statutory Lay Off, Alternative Employment, Employment Termination
Employment Law Redundancy Payment Statutory Lay Off Alternative Employment Employment Termination

Case Brief

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Parties

John Garvey

Claimant

Norlect Engineering (UK) Limited

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment from the respondent company under the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The claimant was entitled to a redundancy payment because he was laid off for four consecutive weeks, gave proper notice, and the payment made was a statutory guarantee payment, not contractual. The offer of alternative employment with an associated company did not affect his entitlement as there was no contractual provision for transfer and the employment with the respondent terminated upon acceptance of the new position.

Court Disposition

claim allowed

Orders

  • Respondent to pay claimant £3,200 as redundancy payment.