Campbell v Martin Contracts (NI) Ltd (Redundancy Payment) [2022] NIit 01081_21IT (11 February 2022)

Campbell v Martin Contracts (NI) Ltd (Redundancy Payment) [2022] NIit 01081_21IT (11 February 2022)

The claimant was dismissed by reason of redundancy as the respondent's business requirements for his role had ceased or diminished; the refusal of re-engagement was reasonable and the claimant is entitled to redundancy payment.

Citation
[2022] NIit 01081_21IT
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
Northern Ireland
Judgment Date
11 February 2022
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Redundancy, Dismissal, Re Engagement, Notice Period, Reasonable Refusal
Employment Law Redundancy Dismissal Re Engagement Notice Period Reasonable Refusal

Case Brief

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was dismissed by reason of redundancy
  2. 2 Whether the claimant unreasonably refused an offer of re-engagement
  3. 3 Entitlement to redundancy payment

Ratio Decidendi

The claimant was dismissed by reason of redundancy as the respondent's business requirements for his role had ceased or diminished; the refusal of re-engagement was reasonable and the claimant is entitled to redundancy payment.

Court Disposition

Claim upheld

Orders

  • Respondent ordered to pay claimant £5040