Hempton v Touchline Automative [2011] NIIT 01973_10IT (16 May 2011)

Hempton v Touchline Automative [2011] NIIT 01973_10IT (16 May 2011)

The claimant was an employee under a contract of apprenticeship, was unfairly and automatically dismissed due to the respondent's failure to follow statutory procedures, was not paid the national minimum wage, was not provided with written particulars or reasons for dismissal, and was entitled to holiday and notice...

Source-derived case information.

Citation
[2011] NIIT 01973_10IT
Parties
Claimant: Jordan Hempton; Respondent: Touchline Automative
Jurisdiction
Northern Ireland
Judgment Date
16 May 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed. The claimant suffered automatic unfair dismissal, breach of contract, and was awarded compensation.
Legal Topics
Unfair Dismissal, Breach of Contract, National Minimum Wage, Written Particulars of Employment, Written Reasons for Dismissal, Holiday Pay, Notice Pay, Employee Status, Statutory Dismissal Procedure
Employment Law Labour Law Unfair Dismissal Breach of Contract National Minimum Wage Written Particulars of Employment Written Reasons for Dismissal Holiday Pay +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jordan Hempton

Claimant

Touchline Automative

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was an employee of the respondent
  2. 2 Whether the claimant was unfairly dismissed
  3. 3 Whether the statutory dismissal procedure was breached

Ratio Decidendi

The claimant was an employee under a contract of apprenticeship, was unfairly and automatically dismissed due to the respondent's failure to follow statutory procedures, was not paid the national minimum wage, was not provided with written particulars or reasons for dismissal, and was entitled to holiday and notice pay.

Court Disposition

Claim allowed. The claimant suffered automatic unfair dismissal, breach of contract, and was awarded compensation.

Orders

  • Respondent to pay £21,431.25 for unfair dismissal
  • Respondent to pay £224.60 for notice pay