Grahamslaw v John Agnew Plastering Services [2010] NIIT 5847_09IT (16 March 2010)

Grahamslaw v John Agnew Plastering Services [2010] NIIT 5847_09IT (16 March 2010)

The claimant is entitled to redundancy payment, notice pay, and holiday pay as of the date of insolvency, but not arrears of pay for periods after insolvency, as the Department's liability is limited to debts owed on the 'appropriate date'.

Citation
[2010] NIIT 5847_09IT
Parties
Claimant: Clive Grahamslaw; First Respondent: John Agnew Plastering Services; Second Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
16 March 2010
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim partly allowed
Legal Topics
Redundancy Payment, Notice Pay, Holiday Pay, Arrears of Pay, Insolvency, Jurisdiction
Employment Law Redundancy Payment Notice Pay Holiday Pay Arrears of Pay Insolvency Jurisdiction

Case Brief

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Parties

Clive Grahamslaw

Claimant

John Agnew Plastering Services

First Respondent

Department for Employment and Learning

Second Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Is the claimant entitled to redundancy payment, arrears of pay, holiday pay and notice pay?
  2. 2 Who is liable for any payment due to the claimant?

Ratio Decidendi

The claimant is entitled to redundancy payment, notice pay, and holiday pay as of the date of insolvency, but not arrears of pay for periods after insolvency, as the Department's liability is limited to debts owed on the 'appropriate date'.

Court Disposition

claim partly allowed

Orders

  • Claim against first respondent dismissed for want of jurisdiction.
  • Department to pay claimant redundancy payment, notice pay, and holiday pay as calculated.