McErlean v Thomas McCartney [2011] NIIT 01927_10IT (05 April 2011)

McErlean v Thomas McCartney [2011] NIIT 01927_10IT (05 April 2011)

The claimant was dismissed by reason of redundancy without notice or pay in lieu of notice. Under Article 118(1)(c) of the Employment Rights (Northern Ireland) Order 1996, he was entitled to twelve weeks’ notice, not thirteen, as his period of continuous employment was thirteen years. The correct amount of notice pay was calculated accordingly.

Citation
[2011] NIIT 01927_10IT
Parties
Claimant: Richard McErlean; Respondent: Thomas McCartney
Jurisdiction
Northern Ireland
Judgment Date
05 April 2011
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Notice Pay, Redundancy, Dismissal, Statutory Notice Period
Employment Law Notice Pay Redundancy Dismissal Statutory Notice Period

Case Brief

Summary, issues, holding and outcome

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Parties

Richard McErlean

Claimant

Thomas McCartney

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was entitled to notice pay upon dismissal by reason of redundancy
  2. 2 Whether the correct statutory notice period was applied

Ratio Decidendi

The claimant was dismissed by reason of redundancy without notice or pay in lieu of notice. Under Article 118(1)(c) of the Employment Rights (Northern Ireland) Order 1996, he was entitled to twelve weeks’ notice, not thirteen, as his period of continuous employment was thirteen years. The correct amount of notice pay was calculated accordingly.

Court Disposition

claim allowed

Orders

  • The respondent shall pay to the claimant the sum of £1,385 in respect of notice pay.