Hand v Robert O'Reilly [2015] NIIT 00720_15IT (28 July 2015)

Hand v Robert O'Reilly [2015] NIIT 00720_15IT (28 July 2015)

The tribunal found the claimant was dismissed by reason of redundancy, not resignation, and that a series of relevant transfers under TUPE entitled her to continuity of employment from 1996 to 2015, making her eligible for holiday pay, notice pay, and redundancy pay.

Citation
[2015] NIIT 00720_15IT
Parties
Claimant: Kathleen Hand; Respondent: Robert O'Reilly
Jurisdiction
Northern Ireland
Judgment Date
28 July 2015
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claims for holiday pay, notice pay, and redundancy pay upheld; unfair dismissal claim withdrawn and dismissed.
Legal Topics
Holiday Pay, Notice Pay, Redundancy Pay, Continuity of Employment, TUPE, Unfair Dismissal
Employment Law Holiday Pay Notice Pay Redundancy Pay Continuity of Employment TUPE Unfair Dismissal

Case Brief

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Parties

Kathleen Hand

Claimant

Robert O'Reilly

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant was dismissed or resigned
  2. 2 Whether the dismissal was by reason of redundancy
  3. 3 Whether the claimant had continuity of employment under TUPE for redundancy and notice pay purposes

Ratio Decidendi

The tribunal found the claimant was dismissed by reason of redundancy, not resignation, and that a series of relevant transfers under TUPE entitled her to continuity of employment from 1996 to 2015, making her eligible for holiday pay, notice pay, and redundancy pay.

Court Disposition

Claims for holiday pay, notice pay, and redundancy pay upheld; unfair dismissal claim withdrawn and dismissed.

Orders

  • Respondent to pay claimant £476 for holiday pay.
  • Respondent to pay claimant £960 for notice pay.