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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Scott v Reefer International Ltd [2009] NIIT 15_09IT (10 April 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/15_09IT.html
Cite as: [2009] NIIT 15_09IT, [2009] NIIT 15_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 00015/09
CLAIMANT: David John Scott
RESPONDENTS: 1. Reefer International Limited
2. Malachy McMullan (Trading As Crossland Freight)
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to a redundancy payment as calculated below.
Constitution of Tribunal:
Chairman: Mr Cross (sitting alone)
Appearances:
The claimant appeared in person and was not represented.
The respondents did not attend the tribunal and were not represented.
DECISION
Finding of Facts
1. The facts were found after listening to the evidence of the claimant and reading the response to the claim of Mr McMullan. There was no written response from the first named respondent. The claimant, who was born on 20 February 1963, had commenced employment with Mr McMullan, (hereinafter called “the second respondent”), on 27 April 2004.
2. On 31 March 2008 the business of the second respondent was transferred to Reefer International Limited (hereinafter called “the first respondent”). The claimant’s contract of employment was transferred to the first respondent and the claimant continued to work for it until he was dismissed on the grounds of redundancy, on 22 August 2008. The first respondent has since entered into a Voluntary Arrangement with its creditors.
The Law
3. Article 170 of The Employment Rights (Northern Ireland) Order 1996, (hereinafter “the 1996 Order”) provides that an employee is entitled to a redundancy payment if he is dismissed by reason of redundancy.
4. Regulation 4 of The Transfer of Undertakings (Protection of Employment) Regulations 2006, (hereinafter “the Regulations”), provides, inter alia, that the transfer of a business from one owner to another will not, “operate so as to terminate the contract of employment of any person employed by the transferor ……..but any such contract shall have effect after the transfer as if originally made between the person so employed and the transferee.”
Decision
5. The tribunal holds that the claimant is entitled to a redundancy payment as calculated in the Schedule hereto. Under the provisions of the Regulations his contract of employment was carried through to his dismissal by the first respondent and that respondent is ordered to pay the redundancy payment to the claimant. The second respondent is not liable for any part of the said payment.
Schedule
Maximum amount of a weeks pay as laid down by the Employment Rights (Increase of Limits) Order (Northern Ireland) 2008 = £330.00
Claimant aged 45 years
Thus 4 years @1.5 weeks pay = £495 per year
Total Redundancy payment 4 x £495.00 = £1,980.00
Appropriate redundancy payment £1980.00
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 18 February 2009, Londonderry.
Date decision recorded in register and issued to parties: