Hall v Printyard Ltd Department for Employment and ... Printyard Ltd Department for Employment and ... [2014] NIIT 1333_13IT (30 June 2014)

Hall v Printyard Ltd Department for Employment and ... Printyard Ltd Department for Employment and ... [2014] NIIT 1333_13IT (30 June 2014)

Neither claimant participated in the illegal performance of the contract; continuity of employment established; gross pay is the cash amount received; tribunal has jurisdiction to enforce employment contracts for redundancy and notice pay.

Citation
[2014] NIIT 1333_13IT
Parties
Claimant: Darrin Gerard Hall; Claimant: Aaron George McLaughlin; Respondent: Printyard Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
30 June 2014
Procedural Posture
Industrial Tribunal Appeal / Merits Hearing on RPS Appeals; Claims Against Printyard Stayed Pending Leave
Outcome
Appeals allowed; Department liable for notice pay; Printyard liable for redundancy pay; quantum to be agreed or remedies hearing to be scheduled.
Legal Topics
Redundancy Payments, Notice Pay, Contractual Illegality, Continuity of Employment, PAYE Deductions
Employment Law Redundancy Payments Notice Pay Contractual Illegality Continuity of Employment PAYE Deductions

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Parties

Darrin Gerard Hall

Claimant

Aaron George McLaughlin

Claimant

Printyard Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal Appeal / Merits Hearing on RPS Appeals; Claims Against Printyard Stayed Pending Leave

Legal Issues

  1. 1 Whether claimants were continuously employed by Printyard for relevant tax years
  2. 2 Whether claimants' contracts were vitiated by illegality due to PAYE failures
  3. 3 Whether claimants participated in illegal performance

Ratio Decidendi

Neither claimant participated in the illegal performance of the contract; continuity of employment established; gross pay is the cash amount received; tribunal has jurisdiction to enforce employment contracts for redundancy and notice pay.

Court Disposition

Appeals allowed; Department liable for notice pay; Printyard liable for redundancy pay; quantum to be agreed or remedies hearing to be scheduled.

Orders

  • Printyard Ltd to pay redundancy payments to claimants.
  • Department for Employment and Learning to pay notice pay to claimants.