Clift v Thompson Enterprise Group [2010] NIIT 6457_09IT (12 January 2010)

Clift v Thompson Enterprise Group [2010] NIIT 6457_09IT (12 January 2010)

The tribunal found the claimant was dismissed by reason of redundancy and had properly brought a claim for redundancy pay within the statutory framework, establishing jurisdiction. The tribunal lacked jurisdiction for the notice pay claim due to expiry of the statutory time limit and absence of grounds for extension.

Citation
[2010] NIIT 6457_09IT
Parties
Claimant: Paul Clift; Respondent: Thompson Enterprise Group
Jurisdiction
Northern Ireland
Judgment Date
12 January 2010
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim for redundancy pay allowed; claim for notice pay dismissed for want of jurisdiction
Legal Topics
Redundancy Pay, Breach of Contract, Notice Pay, Jurisdiction, Time Limits
Employment Law Redundancy Pay Breach of Contract Notice Pay Jurisdiction Time Limits

Case Brief

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Parties

Paul Clift

Claimant

Thompson Enterprise Group

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to redundancy pay under the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the tribunal has jurisdiction to hear the claim for pay in lieu of notice

Ratio Decidendi

The tribunal found the claimant was dismissed by reason of redundancy and had properly brought a claim for redundancy pay within the statutory framework, establishing jurisdiction. The tribunal lacked jurisdiction for the notice pay claim due to expiry of the statutory time limit and absence of grounds for extension.

Court Disposition

claim for redundancy pay allowed; claim for notice pay dismissed for want of jurisdiction

Orders

  • Respondent to pay claimant redundancy pay of £1,680.00