Buchanan v Sean Devine Construction [2008] NIIT 1943_07IT (15 May 2008)
The claimant was made redundant as there were no other suitable sites available and the alternative employment offered was not reasonable given his personal circumstances. He was not given proper notice, entitling him to notice pay. The refusal of the alternative employment was reasonable, so redundancy payment was due.
- Citation
- [2008] NIIT 1943_07IT
- Parties
- Claimant: Robert Buchanan; Respondent: Sean Devine Construction
- Jurisdiction
- Northern Ireland
- Judgment Date
- 15 May 2008
- Procedural Posture
- Industrial Tribunal / Final Decision
- Outcome
- Claim allowed
- Legal Topics
- Redundancy, Notice Pay, Alternative Employment, Employment Rights (northern Ireland) Order 1996
Case Brief
Summary, issues, holding and outcome
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Parties
Robert Buchanan
Claimant
Sean Devine Construction
Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 1 Whether the claimant was made redundant or unreasonably refused suitable alternative employment under Article 176 of the Employment Rights (Northern Ireland) Order 1996
- 2 Whether the claimant was entitled to payment in lieu of notice under Article 118 of the 1996 Order
Ratio Decidendi
The claimant was made redundant as there were no other suitable sites available and the alternative employment offered was not reasonable given his personal circumstances. He was not given proper notice, entitling him to notice pay. The refusal of the alternative employment was reasonable, so redundancy payment was due.
Court Disposition
Claim allowed
Orders
- Respondent to pay claimant £2,511.00 comprising £861.00 notice pay and £1,650.00 redundancy payment
Full Case Text
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