McGlinchey & Ors v McGurk & Moore (t/a McGurk and Moore) and anor [2014]

Posted In: Case Law
  • Legal Body
    NI Court of Appeal (NICA)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Contracts of Employment, Transfer of Undertaking (TUPE)
Issues covered: Unfair dismissal; contract tainted with illegality; TUPE

This case involved the TUPE transfer of a maintenance contract for a housing organisation under the Service Provision Change Regulations (Northern Ireland) 2006. It appeared to the transferee that the transferor had been operating illegal contracts with their employee's consent to defraud the Inland Revenue, particularly in relation to overtime. Six of the claimants lost their claims on unfair dismissal at tribunal due to their contracts being tainted by illegality. The remainder lodged an appeal on the size of the awards and liability of the transferee and transferor.

The absence of any

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

This article is correct at 31/01/2014
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal-Island
Legal-Island

The main content of this article was provided by Legal-Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email scott@legal-island.com

View all articles by Legal-Island