Doherty v Beige Game Trading Ltd t/a The.Department for Employment and ... [2008] NIIT 1624_07IT (30 April 2008)

Doherty v Beige Game Trading Ltd t/a The.Department for Employment and ... [2008] NIIT 1624_07IT (30 April 2008)

The claimant was made redundant and is entitled to redundancy and notice pay under the Employment Rights (Northern Ireland) Order 1996, with no deduction for benefits received by her husband, and both respondents are jointly liable due to the insolvency of the employer.

Citation
[2008] NIIT 1624_07IT
Parties
Claimant: Geraldine Doherty; First Respondent: Beige Game Trading Ltd trading as The Waterfoot Hotel and Country Club; Second Respondent: Department for Employment and Learning, Redundancy Payments Service
Jurisdiction
Northern Ireland
Judgment Date
30 April 2008
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Redundancy Payment, Notice Pay, Employment Termination, Insolvency, Recoupment of Benefits
Employment Law Redundancy Payment Notice Pay Employment Termination Insolvency Recoupment of Benefits

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Parties

Geraldine Doherty

Claimant

Beige Game Trading Ltd trading as The Waterfoot Hotel and Country Club

First Respondent

Department for Employment and Learning, Redundancy Payments Service

Second Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Entitlement to redundancy payment
  2. 2 Entitlement to notice pay
  3. 3 Calculation of redundancy and notice pay

Ratio Decidendi

The claimant was made redundant and is entitled to redundancy and notice pay under the Employment Rights (Northern Ireland) Order 1996, with no deduction for benefits received by her husband, and both respondents are jointly liable due to the insolvency of the employer.

Court Disposition

claim allowed

Orders

  • First respondent's name amended to Beige Game Trading Ltd trading as The Waterfoot Hotel and Country Club.
  • Department for Employment and Learning joined as second respondent.