Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2010/1369_10IT.html
Cite as: [2010] NIIT 1369_10IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 1369/10

CLAIMANT: Christopher Colin McCullough

RESPONDENT: 1. Fisher Metal Engineering LLP

(formerly known as W R Fisher LLP)

2. Department for Employment and Learning

DECISION

(A) The claimant’s redundancy pay claim against Fisher Metal Engineering LLP (“the new employer”) is well-founded and it is declared that the new employer is obliged to pay to the claimant a redundancy payment of £3,822.

(B) The claimant’s claim for pay in lieu of notice against the new employer is
well-founded and it is ordered that the new employer shall pay the sum of £3,220 to the claimant in respect of notice pay.

(C) The claimant’s claim in respect of unpaid wages against the new employer is
well-founded and it is ordered that the new employer shall pay to the claimant the sum of £2,760 in respect of unpaid wages.

(D) The claimant’s claim against the new employer in respect of holiday pay is
well-founded and it is ordered that the new employer shall pay to the claimant the sum of £672 in respect of holiday pay.

(E) The claimant presented no evidence in favour of his appeal against the Department’s statutory decision (see below). And accordingly the appeals against those decisions are dismissed.

Constitution of Tribunal:

Chairman (sitting alone): Mr P Buggy

Appearances:

The claimant was self-represented.

There was no appearance on behalf of either of the employers.

The Department was represented by Mr N Cruikshanks of it Redundancy Payment Branch.

REASONS

1. At the end of this hearing, I issued this Decision orally. At the same time, I gave oral reasons for this Decision. Accordingly, what follows is by way of summary only.

2. In this Decision, Fisher Metal Group Limited (which is now in administrative receivership) is referred to as “the old employer” and Fisher Metal Engineering LLP is referred to as “the new employer”. I was satisfied that the claimant was employed in a business at 1 Hallstown Road, Ballinderry Upper, Co Antrim (referred to below as “the relevant entity”) from 18 March 2002 until the latter half of 2009; that there was a TUPE transfer of that entity, whereby the relevant entity was transferred from the old employer to the new employer; that, during the summer of 2009, the new employer started to pay the claimant’s wages and the old employer ceased to pay his wages; that, beforehand and afterwards, the claimant was carrying out the same work, at the same premises, and under the same immediate supervision; and that, both beforehand and afterwards, he was producing outputs which were relevant in the context of services which were being provided in respect of the same circle of customers. I am satisfied that, when the claimant first became employed in the relevant entity, his employer was the old employer; that the old employer was replaced by the new employer during the summer of 2009; and that the claimant was made redundant by the new employer after the TUPE transfer had taken place.

3. This is a Decision which may result in a payment out of the National Insurance Fund (if the new employer does not pay the redundancy payment which I have decided is due to the claimant from it). Accordingly, the Department was entitled, under the Industrial Tribunals Rules of Procedure, to participate in the main hearing of this case to the same extent as it would have been able to participate if it had been a party to these proceedings. That was the basis upon which the Department participated, at the main hearing, in these proceedings.

4. I am satisfied that the claimant was born in December 1978, and that he worked in the relevant entity from 18 March 2002 until the date in 2009 upon which he was made redundant. I am satisfied that he completed seven years of service. I am also satisfied that his gross weekly wage was well in excess of £380.

5. I am satisfied that the claimant was not provided with any notice of the termination of his employment. I am satisfied that he is due money, in respect of unpaid wages and respect of unpaid holiday pay, to the extent specified above.

Interest

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 1 November 2010, Belfast.

Date decision recorded in register and issued to parties:

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