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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McMullan v Alan Dunlop Ltd Alan Dunlop Ltd Alan Dunlop Ltd Alan Dunlop Ltd Alan Dunlop Ltd [2011] NIIT 01830_11IT (14 November 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/01830_11IT.html
Cite as: [2011] NIIT 1830_11IT, [2011] NIIT 01830_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1832/11
1830/11
1952/11
1954/11
1957/11
CLAIMANT: 1. Brian Gerard Smyth
2. Patrick Pearse McMullan
3. John Mageean
4. Martin McCluskey
5. John Emanuel Mageean
RESPONDENT: Alan Dunlop Ltd
DECISION
The above claimants worked for Alan Dunlop Ltd in various capacities and for varying lengths of time. In 2011, each of the claimants was made redundant by Alan Dunlop Ltd. In the response to the claims, Alan Dunlop Ltd accepted that each of the claimants had been made redundant.
The tribunal found that each of the claimants had been made redundant as claimed and the personal details of each of the claimants and their entitlements are set out below.
Constitution of Tribunal:
Chairman (sitting alone): Ms P Sheils
Appearances:
The claimants appeared in person.
The respondent was represented by Mr Michael Dunlop.
THE CLAIMS
1. Mr Brian Gerard Smyth - Date of Birth: 15 April 1971, currently aged 40
The above claimant lodged proceedings naming Alan Dunlop Ltd, Michael Dunlop and John Vaughan. The latter two respondents are dismissed from the proceedings, leaving Alan Dunlop Ltd as the respondent.
Mr Smyth commenced employment with Alan Dunlop Ltd on 8 April 1997 when he was then aged 25. Mr Smyth was made redundant on 25 May 2011 and consequently worked for the respondent company for 14 full years. Mr Smyth’s redundancy entitlement is £5,600.00. Mr Smyth has already received £1,500.00 and accordingly Mr Smyth’s redundancy entitlement is £4,100.00.
2. Patrick Pearse McMullan - Date of Birth: 2 April 1959, currently aged 52
Mr McMullan commenced employment with Alan Dunlop Ltd on 8 April 1997 when he was then aged 38. Mr McMullan was made redundant on 25 May 2011. Accordingly, Mr McMullan worked for the respondent company for 14 full years. Mr McMullan’s redundancy entitlement is £6,198.08. Mr McMullan has already received £1,500.00 from Alan Dunlop Ltd. Consequently, Mr McMullan’s redundancy payment is £4,698.08.
3. John Mageean - Date of Birth: 13 July 1949, currently aged 62
Mr Mageean commenced his employment with Alan Dunlop Ltd on 8 April 1997 when he was aged 47. Mr Mageean was made redundant on 25 May 2011 and consequently worked for the respondent company for 14 full years. Mr Mageean’s redundancy entitlement is £8,400.00. Mr Mageean has already received £1,500.00 and accordingly Mr Mageean’s redundancy entitlement is £6,900.00.
4. Martin McCluskey - Date of Birth: 17 November 1953, currently aged 57
Mr McCluskey commenced his employment with Alan Dunlop Ltd on 2 June 2003 when he was then aged 49. Mr McCluskey was made redundant on 25 May 2011 and consequently worked 7 full years with the respondent company. Mr McCluskey’s redundancy entitlement is £3,814.20. Mr McCluskey has already received £1,500.00 and accordingly Mr McCluskey’s redundancy entitlement is £2,314.20.
5. John Emanuel Mageean - Date of Birth: 21 December 1971, currently aged 39
Mr Mageean commenced employment with the respondent company on 3 April 1997 and was made redundant on 17 June 2011. Consequently, Mr Mageean has worked for the respondent company for 14 full years. Mr Mageean’s redundancy entitlement is £5,600.00. Mr Mageean has already received £1,500.00 from the respondent company and accordingly Mr Mageean’s redundancy entitlement is £4,100.00.
6. The tribunal orders the respondent company, Alan Dunlop Ltd, to pay each of the claimants their outstanding redundancy entitlements.
7. On behalf of his workmates, Mr Mageean indicated that each of them had received correspondence from the respondent company indicating that it was not in the position to pay outstanding redundancy monies. The tribunal noted correspondence from the Department which indicated that the respondent company was still legally solvent but that in the event the company refused to pay the outstanding monies the Department might make the payments to the claimants instead. The tribunal confirmed the details of this correspondence to the claimants.
8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 21 October 2011, Belfast.
Date decision recorded in register and issued to parties: