Grazyna Staszewska & Anna Zelakiewicz v Department for Employment and Learning and Others CASE REFS: 2454/14 2456/14

Posted In: Case Law
  • Case Reference
    2454/14 2456/14
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: Holiday Leave Entitlement; Holiday Pay Entitlement; Service Provision Changes

The claimants were cleaners who, over the period of 3 months, were employed by 3 separate companies. The tribunal held that ‘service provision changes’ (SPC), within the meaning of the SPC (POE) Regs (NI) 2006, took place firstly in March 2014 (as the claimants were dismissed then immediately hired by another company) and again in May 2014 to their eventual employer ‘OFM’. The main issue was whether, in relation to accrued holiday leave, the Department or OFM had responsibility for crediting the claimants with the relevant untaken leave. However, in this case the transferor was in administration and thus a modified version of Art 277 ERO (NI) 1996 which contains the conditions for

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This article is correct at 23/10/2015

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John Taggart BL

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