McDonald v Window Fixing & Maintenance Li... [2012] NIIT 02791_11IT (23 February 2012)

McDonald v Window Fixing & Maintenance Li... [2012] NIIT 02791_11IT (23 February 2012)

The claimant's letter of 19 September 2011 constituted valid written notice of intention to claim redundancy payment and notice of resignation, satisfying statutory requirements. The respondent's belief that separate notices were required was incorrect. The claimant complied with all statutory conditions and is entitled to redundancy payment.

Citation
[2012] NIIT 02791_11IT
Parties
Claimant: Ian McDonald; Respondent: Window Fixing & Maintenance Limited
Jurisdiction
Northern Ireland
Judgment Date
23 February 2012
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim allowed
Legal Topics
Redundancy Payment, Lay Off, Employment Termination, Statutory Notice Requirements
Employment Law Redundancy Payment Lay Off Employment Termination Statutory Notice Requirements

Case Brief

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Parties

Ian McDonald

Claimant

Window Fixing & Maintenance Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was eligible to receive a redundancy payment under Article 183 of the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The claimant's letter of 19 September 2011 constituted valid written notice of intention to claim redundancy payment and notice of resignation, satisfying statutory requirements. The respondent's belief that separate notices were required was incorrect. The claimant complied with all statutory conditions and is entitled to redundancy payment.

Court Disposition

Claim allowed

Orders

  • The claimant is awarded redundancy pay in the sum of £8,190.