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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Clarke v Firecrest Compartmentation Ltd... [2011] NIIT 00437_11IT (07 October 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/00437_11IT.html
Cite as: [2011] NIIT 00437_11IT, [2011] NIIT 437_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 437/11
CLAIMANT: Linda Clarke
RESPONDENTS: Firecrest Compartmentation Ltd and Others
DECISION
(A) The claimant’s redundancy payment claim against Firecrest Compartmentation Ltd is not well-founded and accordingly it is dismissed.
(B) I am satisfied that the claimant is entitled to a redundancy payment of £8,550 from Firecrest (NI) Ltd.
(C) Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996 (“the 1996 Order”), I have decided that Firecrest (NI) Ltd became liable to make a redundancy payment of the above amount to the claimant in October 2010.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant appeared in person.
1. Firecrest Compartmentation Ltd was not entitled to participate in the proceedings, because it had not presented a response.
2. Firecrest (NI) Ltd was not represented at this hearing.
3. The Department for Employment and Learning (“the Department”) was represented by Mr P Curran.
REASONS
1. At the end of the hearing, I issued my decision orally. At the same time, I gave reasons orally in respect of that decision. Accordingly, what follows is by way of summary only.
2. The claimant confirmed that the facts as stated in the Morgan/Martin cases (Case Ref: 2769/10 and Others) were, to the best of her knowledge, true.
3. I was satisfied that a “TUPE” transfer had occurred, during the Autumn of 2011, in respect of the entity to which the claimant was assigned at the time of that transfer.
4. The claimant’s redundancy payment entitlement is calculated on the basis of £380, multiplied by 22.5.
5. This hearing, and this Decision, addressed only the following:-
(1) The claimant’s claim against the employer in respect of a redundancy payment.
(2) The claimant’s appeal against the Department’s refusal to make a payment to the claimant in respect of redundancy.
6. The claimant’s other claims will be addressed in the course of a future hearing.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 3 October 2011, Belfast.
Date decision recorded in register and issued to parties: