Clarkson v KOB Ltd [2010] NIIT 07230_09IT (08 February 2010)

Clarkson v KOB Ltd [2010] NIIT 07230_09IT (08 February 2010)

The claimant is entitled to redundancy pay, holiday pay, and notice pay from the employer, but DEL is not liable for holiday or notice pay as the employer is not legally insolvent under the statutory definition.

Citation
[2010] NIIT 07230_09IT
Parties
Claimant: Maurice Anthony Clarkson; First Named Respondent: KOB Ltd; Second Named Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
08 February 2010
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claims for redundancy pay, holiday pay, and notice pay upheld against employer; DEL not liable for holiday or notice pay
Legal Topics
Redundancy Payment, Holiday Pay, Notice Pay, Statutory Insolvency, Employer Liability
Employment Law Redundancy Payment Holiday Pay Notice Pay Statutory Insolvency Employer Liability

Case Brief

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Parties

Maurice Anthony Clarkson

Claimant

KOB Ltd

First Named Respondent

Department for Employment & Learning

Second Named Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Entitlement to redundancy payment
  2. 2 Entitlement to holiday pay
  3. 3 Entitlement to notice pay

Ratio Decidendi

The claimant is entitled to redundancy pay, holiday pay, and notice pay from the employer, but DEL is not liable for holiday or notice pay as the employer is not legally insolvent under the statutory definition.

Court Disposition

claims for redundancy pay, holiday pay, and notice pay upheld against employer; DEL not liable for holiday or notice pay

Orders

  • Redundancy payment of £10,500 awarded to claimant
  • Holiday pay of £569.70 awarded to claimant