Duncan v Peninsula Bathing Solutions Ltd [2005] NIIT 944_05 (1 December 2005)

The claimant is entitled to redundancy payment and damages for breach of contract as the respondent ceased trading and failed to provide notice or payment in lieu.

Citation: [2005] NIIT 944_05
Parties: Claimant: David Duncan; Respondent: Peninsula Bathing Solutions Ltd
Jurisdiction: Northern Ireland
Judgment Date: 01 December 2005
Procedural Posture: Employment Tribunal / Final Decision
Outcome: claim allowed
Legal Topics: Redundancy Payment, Breach of Contract, Notice Period

Employment Law Redundancy Payment Breach of Contract Notice Period

Case Brief

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Parties

David Duncan

Claimant

Peninsula Bathing Solutions Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

1 entitlement to redundancy payment
2 entitlement to damages for breach of contract for failure to give notice or payment in lieu

Ratio Decidendi

The claimant is entitled to redundancy payment and damages for breach of contract as the respondent ceased trading and failed to provide notice or payment in lieu.

Court Disposition

claim allowed

Orders

Respondent to pay claimant £1,440.00 as redundancy payment.
Respondent to pay claimant £776.00 as damages for breach of contract for failure to give notice or payment in lieu.