McCoy v Shivers Bathrooms Ltd (Discrimination - Disability Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Other) [2019] NIIT 13679_18IT (03 May 2019)

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

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Parties

Kirstin McCoy

Claimant

Shivers Bathrooms Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

  1. 1 Entitlement to holiday pay
  2. 2 Entitlement to notice pay
  3. 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