Flynn v Northsec Security Services Lim... [2010] NIIT 06544_09IT (04 March 2010)

Flynn v Northsec Security Services Lim... [2010] NIIT 06544_09IT (04 March 2010)

The claimant’s contract of employment transferred to the second respondent under TUPE, making the second respondent liable for outstanding holiday pay and lying week’s pay.

Source-derived case information.

Citation
[2010] NIIT 06544_09IT
Parties
Claimant: Barry Flynn; Respondent: Northsec Security Services Limited; Respondent: Northsec (UK) Limited
Jurisdiction
Northern Ireland
Judgment Date
04 March 2010
Procedural Posture
Employment Claim / Final Decision
Outcome
claim allowed in part
Legal Topics
Unpaid Wages, Holiday Pay, Lying Week Pay, Transfer of Undertakings (tupe)
Employment Law Unpaid Wages Holiday Pay Lying Week Pay Transfer of Undertakings (tupe)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Barry Flynn

Claimant

Northsec Security Services Limited

Respondent

Northsec (UK) Limited

Respondent

Procedural Posture

Employment Claim / Final Decision

Legal Issues

  1. 1 Whether the claimant was employed by the second respondent at the time of dismissal
  2. 2 Entitlement to lying week’s pay and unpaid holiday pay under TUPE

Ratio Decidendi

The claimant’s contract of employment transferred to the second respondent under TUPE, making the second respondent liable for outstanding holiday pay and lying week’s pay.

Court Disposition

claim allowed in part

Orders

  • Second respondent to pay claimant £298.89 for lying week’s pay and unpaid holiday pay