McCoy v Shivers Bathrooms Ltd (Discrimination - Disability Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Other) [2019] NIIT 13679_18IT (03 May 2019)
Claimant entitled to holiday pay, notice pay, arrears of pay, and compensation for failure to provide statutory terms and conditions; unfair dismissal claim dismissed for want of jurisdiction as statutory sick pay assertion was not made prior to dismissal.
- Citation
- [2019] NIIT 13679_18IT
- Parties
- Claimant: Kirstin McCoy; Respondent: Shivers Bathrooms Ltd
- Jurisdiction
- Northern Ireland
- Judgment Date
- 03 May 2019
- Procedural Posture
- Industrial Tribunal / Final Decision
- Outcome
- Partially upheld
- Legal Topics
- Disability Discrimination, Breach of Contract, Unauthorised Deduction of Wages, Unfair Dismissal, Statutory Terms and Conditions
Case Brief
Summary, issues, holding and outcome
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Parties
Kirstin McCoy
Claimant
Shivers Bathrooms Ltd
Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 1 Entitlement to holiday pay
- 2 Entitlement to notice pay
- 3 Entitlement to arrears of pay/unauthorised deduction
Ratio Decidendi
Claimant entitled to holiday pay, notice pay, arrears of pay, and compensation for failure to provide statutory terms and conditions; unfair dismissal claim dismissed for want of jurisdiction as statutory sick pay assertion was not made prior to dismissal.
Court Disposition
Partially upheld
Orders
- Respondent to pay claimant £260.00 for holiday pay
- Respondent to pay claimant £260.00 for notice pay
Full Case Text
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