Bell v The Elevate Group Limited [2012] NIIT 00781_12IT (24 August 2012)

Bell v The Elevate Group Limited [2012] NIIT 00781_12IT (24 August 2012)

The claimant was dismissed by the respondent by reason of redundancy as the business requirements for employees had diminished, entitling him to a statutory redundancy payment. The respondent breached contract by failing to pay notice and arrears of pay due on termination.

Citation
[2012] NIIT 00781_12IT
Parties
Claimant: Steven Bell; Respondent: The Elevate Group Limited
Jurisdiction
Northern Ireland
Judgment Date
24 August 2012
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claim allowed
Legal Topics
Redundancy, Breach of Contract, Notice Pay, Arrears of Pay
Employment Law Redundancy Breach of Contract Notice Pay Arrears of Pay

Case Brief

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Parties

Steven Bell

Claimant

The Elevate Group Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Entitlement to statutory redundancy payment under Article 170 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether respondent breached contract by failing to pay wages due
  3. 3 Whether respondent breached contract by failing to provide proper notice

Ratio Decidendi

The claimant was dismissed by the respondent by reason of redundancy as the business requirements for employees had diminished, entitling him to a statutory redundancy payment. The respondent breached contract by failing to pay notice and arrears of pay due on termination.

Court Disposition

Claim allowed

Orders

  • Respondent to pay claimant statutory redundancy payment of £2,400.00
  • Respondent to pay claimant contractual notice pay of £2,555.04