Ferguson v SJ McIntyre Builders Ltd [2012] NIIT 00646_12IT (24 July 2012)

Ferguson v SJ McIntyre Builders Ltd [2012] NIIT 00646_12IT (24 July 2012)

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

Citation
[2012] NIIT 00646_12IT
Parties
Claimant: Gareth Melvin Ferguson; Respondent: SJ McIntyre Builders Ltd
Jurisdiction
Northern Ireland
Judgment Date
24 July 2012
Procedural Posture
Industrial Tribunal / Decision After Hearing
Outcome
Claim allowed in part
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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gareth Melvin Ferguson

Claimant

SJ McIntyre Builders Ltd

Respondent

Procedural Posture

Industrial Tribunal / Decision After Hearing

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 redundancy claim and is therefore permitted. The respondent failed to comply with statutory notice requirements, entitling the claimant to 12 weeks' notice pay.

Court Disposition

Claim allowed in part

Orders

  • Leave granted to amend claim to include breach of contract for notice pay
  • Respondent to pay claimant £3624 as notice payment