Heron v Philip Wright Development Ltd [2010] NIIT 7547_09IT (27 May 2010)

Heron v Philip Wright Development Ltd [2010] NIIT 7547_09IT (27 May 2010)

The claimant was automatically unfairly dismissed because the respondent failed to follow statutory dismissal procedures, and the claimant suffered an unauthorised deduction from wages. No redundancy situation existed.

Citation
[2010] NIIT 7547_09IT
Parties
Claimant: Paul Sydney Heron; Respondent: Philip Wright Development Ltd
Jurisdiction
Northern Ireland
Judgment Date
27 May 2010
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim upheld in part; unfair dismissal and unauthorised deduction claims succeed; redundancy claim dismissed.
Legal Topics
Unfair Dismissal, Unauthorised Deduction From Wages, Redundancy Payment
Employment Law Unfair Dismissal Unauthorised Deduction From Wages Redundancy Payment

Case Brief

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Parties

Paul Sydney Heron

Claimant

Philip Wright Development Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the claimant suffered an unauthorised deduction from wages
  3. 3 Whether the claimant is entitled to a redundancy payment

Ratio Decidendi

The claimant was automatically unfairly dismissed because the respondent failed to follow statutory dismissal procedures, and the claimant suffered an unauthorised deduction from wages. No redundancy situation existed.

Court Disposition

Claim upheld in part; unfair dismissal and unauthorised deduction claims succeed; redundancy claim dismissed.

Orders

  • Respondent to pay claimant £14,212.50