Shaw v Raised Storage Solutions Ltd (... [2009] NIIT 165_09IT (26 November 2009)

Shaw v Raised Storage Solutions Ltd (... [2009] NIIT 165_09IT (26 November 2009)

The claimant's continuity of employment was preserved under TUPE, making the Department liable for redundancy, notice, and holiday pay as statutory guarantor.

Citation
[2009] NIIT 165_09IT
Parties
Claimant: Gary James Shaw; Respondent: Raised Storage Solutions Ltd (in liquidation); Respondent: Jim Halferty; Respondent: Halferty Installations Ltd; Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
26 November 2009
Procedural Posture
Employment Tribunal / Final Decision
Outcome
appeal allowed
Legal Topics
Redundancy Pay, Notice Pay, Holiday Pay, Continuity of Employment, TUPE Transfer
Employment Law Redundancy Pay Notice Pay Holiday Pay Continuity of Employment TUPE Transfer

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gary James Shaw

Claimant

Raised Storage Solutions Ltd (in liquidation)

Respondent

Jim Halferty

Respondent

Halferty Installations Ltd

Respondent

Department for Employment & Learning

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was entitled to redundancy pay, notice pay, and holiday pay from the Department for Employment & Learning as statutory guarantor
  2. 2 Whether there was continuity of employment following a change of employer under TUPE regulations

Ratio Decidendi

The claimant's continuity of employment was preserved under TUPE, making the Department liable for redundancy, notice, and holiday pay as statutory guarantor.

Court Disposition

appeal allowed

Orders

  • Department to pay £660 in redundancy pay to claimant
  • Department to pay £330 in notice pay to claimant