Bradley v SJ McIntyre Builders Ltd [2012] NIIT 00671_12IT (24 July 2012)

Bradley v SJ McIntyre Builders Ltd [2012] NIIT 00671_12IT (24 July 2012)

The amendment to include a breach of contract claim for notice pay arises from the same facts as the original claim and is permissible. The respondent failed to comply with statutory minimum notice requirements, entitling the claimant to 12 weeks' notice pay.

Citation
[2012] NIIT 00671_12IT
Parties
Claimant: Thomas George Bradley; Respondent: SJ McIntyre Builders Ltd
Jurisdiction
Northern Ireland
Judgment Date
24 July 2012
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claimant entitled to notice payment.
Legal Topics
Redundancy, Notice Pay, Breach of Contract, Amendment of Claim
Employment Law Redundancy Notice Pay Breach of Contract Amendment of Claim

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas George Bradley

Claimant

SJ McIntyre Builders Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant's claim should be amended to include a breach of contract claim for notice pay
  2. 2 If so, the amount of notice pay due to the claimant

Ratio Decidendi

The amendment to include a breach of contract claim for notice pay arises from the same facts as the original claim and is permissible. The respondent failed to comply with statutory minimum notice requirements, entitling the claimant to 12 weeks' notice pay.

Court Disposition

Claimant entitled to notice payment.

Orders

  • Respondent to pay claimant £3342.60 as notice payment.