McClean v KOB Ltd [2010] NIIT 07358_09IT (08 February 2010)

McClean v KOB Ltd [2010] NIIT 07358_09IT (08 February 2010)

Claimant is entitled to redundancy pay, holiday pay, and notice pay from the employer; DEL has no liability for holiday pay and notice pay as employer is not legally insolvent.

Citation
[2010] NIIT 07358_09IT
Parties
Claimant: John McClean; First Named Respondent: KOB Ltd; Second Named Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
08 February 2010
Procedural Posture
Industrial 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, Employer Insolvency, Statutory Entitlements
Employment Law Redundancy Payment Holiday Pay Notice Pay Employer Insolvency Statutory Entitlements

Case Brief

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Parties

John McClean

Claimant

KOB Ltd

First Named Respondent

Department for Employment & Learning

Second Named Respondent

Procedural Posture

Industrial 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

Claimant is entitled to redundancy pay, holiday pay, and notice pay from the employer; DEL has no liability for holiday pay and notice pay as employer is not legally insolvent.

Court Disposition

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

Orders

  • Employer to pay claimant £4,060 redundancy payment
  • Employer to pay claimant £341.48 holiday pay