Gillespie v William Noble Comfort Cafes Ltd [2011] NIIT 01544_11IT (15 November 2011)

Gillespie v William Noble Comfort Cafes Ltd [2011] NIIT 01544_11IT (15 November 2011)

The claimant was employed solely by Comfort Cafes Ltd, not Mr Noble. She was entitled to notice pay for one day and accrued holiday pay for nine days. The Company failed to provide written particulars of employment, justifying a statutory increase in the holiday pay award under Article 27 of the Employment (Northern...

Source-derived case information.

Citation
[2011] NIIT 01544_11IT
Parties
Claimant: Amanda Gillespie; Respondent: William Noble; Respondent: Comfort Cafes Ltd
Jurisdiction
Northern Ireland
Judgment Date
15 November 2011
Procedural Posture
Employment Tribunal / Final Decision
Outcome
partially allowed
Legal Topics
Notice Pay, Holiday Pay, Written Particulars of Employment, Redundancy, Statutory Awards
Employment Law Notice Pay Holiday Pay Written Particulars of Employment Redundancy Statutory Awards

Source-derived case record

Summary, issues, holding and outcome

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Parties

Amanda Gillespie

Claimant

William Noble

Respondent

Comfort Cafes Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was employed by Mr Noble or Comfort Cafes Ltd
  2. 2 Entitlement to notice pay
  3. 3 Entitlement to holiday pay

Ratio Decidendi

The claimant was employed solely by Comfort Cafes Ltd, not Mr Noble. She was entitled to notice pay for one day and accrued holiday pay for nine days. The Company failed to provide written particulars of employment, justifying a statutory increase in the holiday pay award under Article 27 of the Employment (Northern Ireland) Order 2003.

Court Disposition

partially allowed

Orders

  • Claim against Mr Noble dismissed.
  • Comfort Cafes Ltd to pay £21 to claimant for notice pay.