McCabe Quinn v Northern Ireland Opera Northern Ireland Opera (Breach of Contract Other) [2018] NIIT 05982_18IT (21 December 2018)

McCabe Quinn v Northern Ireland Opera Northern Ireland Opera (Breach of Contract Other) [2018] NIIT 05982_18IT (21 December 2018)

The claimants, while working for the respondent in the relevant production, were working under contracts of employment for the purposes of Regulation 2(2)(a) of the Working Time Regulations (Northern Ireland) 2016. The contracts required personal service, were under the respondent's control, involved mutual obligations, and did not permit substitution. The claimants were not operating a business or profession with the respondent as a client, but were integrated into the respondent's undertaking. Therefore, they were entitled to holiday pay under the Regulations.

Citation
[2018] NIIT 05982_18IT
Parties
Claimant: Gerard McCabe; Claimant: Kerri Quinn; Respondent: Northern Ireland Opera
Jurisdiction
Northern Ireland
Judgment Date
21 December 2018
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims upheld
Legal Topics
Worker Status, Holiday Pay, Fixed Term Contracts, Employment Relationship, Statutory Interpretation
Employment Law Contract Law EU Law Worker Status Holiday Pay Fixed Term Contracts Employment Relationship Statutory Interpretation

Case Brief

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Parties

Gerard McCabe

Claimant

Kerri Quinn

Claimant

Northern Ireland Opera

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether claimants were 'workers' under the Working Time Regulations (Northern Ireland) 2016
  2. 2 Whether claimants were employees under a contract of employment for the purposes of Regulation 2(2)
  3. 3 Entitlement to holiday pay

Ratio Decidendi

The claimants, while working for the respondent in the relevant production, were working under contracts of employment for the purposes of Regulation 2(2)(a) of the Working Time Regulations (Northern Ireland) 2016. The contracts required personal service, were under the respondent's control, involved mutual obligations, and did not permit substitution. The claimants were not operating a business or profession with the respondent as a client, but were integrated into the respondent's undertaking. Therefore, they were entitled to holiday pay under the Regulations.

Court Disposition

Claims upheld

Orders

  • Claimants are entitled to holiday pay as set out in the decision