Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 2963/17

 

 

 

CLAIMANT: Tracey McFarland

 

 

RESPONDENT: Jackie Kirkpatrick (also known as

Jackie Kirkpatrick-Stagg)

 

 

 

DECISION

Pursuant to Article 205 of the Employment Rights (Northern Ireland) Order 1996, and for that purpose, I determine that, at the end of February 2017, Ms Jackie Kirkpatrick (also known as Jackie Kirkpatrick-Stagg) was liable to make a redundancy payment to the claimant.

 

REASONS

 

1. Two distinct sets of proceedings are contained within the case which bears the case reference number which has been specified above:

 

(1)           The claimant has made a claim against Ms Kirkpatrick in respect of redundancy pay. Ms Kirkpatrick-Stagg is the sole respondent to that claim.

 

(2)           The claimant has made an application, pursuant to Article 205 of the ERO, for a declaration that Ms Kirkpatrick-Stagg has a liability to her in respect of redundancy pay. The respondent Department is a respondent only in respect of the Article 205 application. Ms Kirkpatrick-Stagg is not a respondent to that application.

 

2. This decision involves a determination only in respect of the Article 205 application.

 

3. Accordingly, this decision does not involve any determination of the claimant's claim against Ms Kirkpatrick-Stagg.

 

4. This claimant and the respondent Department have agreed in writing upon the terms of this decision.

 

5. That agreement provides the precondition which empowers me to make this decision. (See rule 28 of the Industrial Tribunals Rules of 2005).

 

6. I have decided to make that decision, pursuant to that power, against the following background and for the following reasons.

 

7. Each of the claimants has told me that, on 24 February 2017, Ms Kirkpatrick told Ms Tracey McFarland, Catherine Dodds and Angela Donnelly that their employments were being terminated with immediate effect.

 

8. Ms McFarland, Ms Dodds and Ms Donnelly all told me that Ms Donnelly got a new job with Eco Cleaners in Jordanstown on 1 March 2017.

 

9. The solicitor for the relevant landlord provided written confirmation that the relevant landlord's position was that the lease of 2B Whitewell Road, Newtownabbey was a lease between the landlord and Ms Kirkpatrick personally.

 

10. Ms Kirkpatrick is not a respondent to the claimant's Article 205 claim. Accordingly, as Mr Cruikshanks has confirmed, on behalf of the respondent Department, the Department accepts that Ms Kirkpatrick will not be bound by the outcome of the Article 205 claim. In other words, notwithstanding the outcome of the Article 205 claim, it will still be open to Ms Kirkpatrick, in due course, to contest her liability to this claimant in respect of redundancy pay. (Once the Department makes a payment to this claimant, pursuant to the Article 205 application, the Department will be subrogated to this claimant's previous entitlement to make a claim, against the true debtor, in respect of that redundancy pay).

 

11. On behalf of the Department, Mr Cruikshanks has confirmed that, regardless of the outcome of any claim which the Department may subsequently make against Ms Kirkpatrick in respect of redundancy pay, the Department will not seek repayment from this claimant, of any amount paid by the Department pursuant to this decision, provided that each of the following statements, made by Ms McFarland, Ms Dodds and Ms Donnelly, was factually accurate:

 

(1)           Ms Angela Donnelly got a new job with Eco Cleaners in Jordanstown on
1 March 2017.

 

(2)           Ms Kirkpatrick told Tracey McFarland, Catherine Dodds and Angela Donnelly, on 24 February 2017, that their employments were being terminated with immediate effect.

 

 

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

 

 

 

Employment Judge:

 

 

Date: February 2018