Murphy v Robert O'Reilly [2015] NIIT 00192_15IT (28 July 2015)

Murphy v Robert O'Reilly [2015] NIIT 00192_15IT (28 July 2015)

The claimant was dismissed by the respondent on 5 January 2015 by reason of redundancy. The succession of employments constituted relevant transfers under TUPE, entitling the claimant to continuity of employment from 2000. Therefore, the claimant is entitled to holiday pay, notice pay, and redundancy pay calculated on the basis of continuous service.

Citation
[2015] NIIT 00192_15IT
Parties
Claimant: Colum Patrick Murphy; 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Claims for holiday pay, notice pay, and redundancy pay upheld; unfair dismissal claim withdrawn and dismissed.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, Transfer of Undertakings (tupe), Dismissal, Redundancy, Employment Rights (northern Ireland) Order 1996
Employment Law Holiday Pay Notice Pay Redundancy Pay Continuity of Employment Transfer of Undertakings (tupe) Dismissal Redundancy +1 more

Case Brief

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Parties

Colum Patrick Murphy

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 is entitled to continuity of employment under TUPE for the purposes of redundancy and notice pay

Ratio Decidendi

The claimant was dismissed by the respondent on 5 January 2015 by reason of redundancy. The succession of employments constituted relevant transfers under TUPE, entitling the claimant to continuity of employment from 2000. Therefore, the claimant is entitled to holiday pay, notice pay, and redundancy pay calculated on the basis of continuous service.

Court Disposition

Claims for holiday pay, notice pay, and redundancy pay upheld; unfair dismissal claim withdrawn and dismissed.

Orders

  • Respondent to pay claimant £400 in respect of holiday pay.
  • Respondent to pay claimant £3,900 in respect of notice pay.