Hamill v Redundancy Payment Service [2010] NIIT 01186_10IT (17 August 2010)

Hamill v Redundancy Payment Service [2010] NIIT 01186_10IT (17 August 2010)

The claimant was obliged to mitigate her loss by claiming benefits during the statutory notice period. As she failed to do so without reasonable excuse, the respondent was entitled to deduct the notional benefit from her notice pay.

Source-derived case information.

Citation
[2010] NIIT 01186_10IT
Parties
Claimant: Angeline Hamill; Respondent: Redundancy Payments Service
Jurisdiction
Northern Ireland
Judgment Date
17 August 2010
Procedural Posture
Industrial Tribunal / Final Decision After Hearing; Claimant Absent
Outcome
Claim dismissed
Legal Topics
Redundancy Payments, Notice Pay, Mitigation of Loss, Statutory Benefits Deduction
Employment Law Redundancy Payments Notice Pay Mitigation of Loss Statutory Benefits Deduction

Source-derived case record

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Angeline Hamill

Claimant

Redundancy Payments Service

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing; Claimant Absent

Legal Issues

  1. 1 Whether the respondent was entitled to reduce the claimant's notice pay by the amount of benefit she could have claimed during the statutory notice period

Ratio Decidendi

The claimant was obliged to mitigate her loss by claiming benefits during the statutory notice period. As she failed to do so without reasonable excuse, the respondent was entitled to deduct the notional benefit from her notice pay.

Court Disposition

Claim dismissed