Miller v Sword Security (NI) Ltd [2015] NIIT 00047_15IT (19 October 2015)

Miller v Sword Security (NI) Ltd [2015] NIIT 00047_15IT (19 October 2015)

The tribunal found no evidence of constructive unfair dismissal but accepted the claimant's evidence of underpayment below the National Minimum Wage in the sum of £11.40.

Citation
[2015] NIIT 47_15IT
Parties
Claimant: John Miller; Respondent: Sword Security (NI) Ltd
Jurisdiction
Northern Ireland
Judgment Date
29 May 2015
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claim for constructive unfair dismissal dismissed; claim for breach of contract allowed in part.
Legal Topics
Constructive Unfair Dismissal, Breach of Contract, National Minimum Wage
Employment Law Constructive Unfair Dismissal Breach of Contract National Minimum Wage

Case Brief

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Parties

John Miller

Claimant

Sword Security (NI) Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant was constructively unfairly dismissed
  2. 2 Whether there was a breach of contract regarding payment below the National Minimum Wage

Ratio Decidendi

The tribunal found no evidence of constructive unfair dismissal but accepted the claimant's evidence of underpayment below the National Minimum Wage in the sum of £11.40.

Court Disposition

Claim for constructive unfair dismissal dismissed; claim for breach of contract allowed in part.

Orders

  • Claim for constructive unfair dismissal is dismissed.
  • Respondent to pay claimant £11.40 for breach of contract relating to underpayment below National Minimum Wage.