Allen v Blakely & Ors [2005] NIIT 2827_04 (24 March 2005)

Allen v Blakely & Ors [2005] NIIT 2827_04 (24 March 2005)

The tribunal found the effective date of termination was 4 July 2004, not 21 October 2004, and the applicant failed to lodge his complaint within three months, barring claims against the second respondent. However, the applicant was entitled to holiday pay and notice pay from the third respondent under Article...

Source-derived case information.

Citation
[2005] NIIT 2827_04
Parties
Applicant: Stephen Allen; Respondent: Stephen Blakely; Respondent: Blackstaff Construction Limited; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
24 March 2005
Procedural Posture
Employment Claim / Final Decision
Outcome
partially allowed
Legal Topics
Redundancy Payment, Holiday Pay, Pay in Lieu of Notice, Limitation Period
Employment Law Redundancy Payment Holiday Pay Pay in Lieu of Notice Limitation Period

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Parties

Stephen Allen

Applicant

Stephen Blakely

Respondent

Blackstaff Construction Limited

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Employment Claim / Final Decision

Legal Issues

  1. 1 Whether the applicant is entitled to redundancy payment, unpaid holiday pay, and pay in lieu of notice
  2. 2 Whether the claim was lodged within the statutory time limit
  3. 3 Whether the Department for Employment and Learning is liable for certain payments

Ratio Decidendi

The tribunal found the effective date of termination was 4 July 2004, not 21 October 2004, and the applicant failed to lodge his complaint within three months, barring claims against the second respondent. However, the applicant was entitled to holiday pay and notice pay from the third respondent under Article 233(1) of the Employment Rights (Northern Ireland) Order 1996.

Court Disposition

partially allowed

Orders

  • The third respondent is to pay the applicant £540.00 for ten days holiday pay and £23.80 for pay in lieu of notice, totalling £563.80.
  • The first respondent is dismissed from the proceedings.