Raymond John Brownfield v Miguel Governo trading as James Orr Engineering Posted In: Case Law
Case ReferenceNIIT 562/15
Legal BodyNorthern Ireland Industrial Tribunal (NIIT)
Type of Claim / JurisdictionRedundancy, Transfer of Undertaking (TUPE)
The claimant had been one of three service engineers employed by the respondent to work on contracts for part of what is now the Belfast Health and Social Care Trust. The relevant contract work was retendered at the end of 2014 and the respondent was unsuccessful in its bid.
The central issue before the tribunal was whether the claimant’s original employment with the respondent had remained at the date of the termination (31 December 2014) or whether it had transferred as a service provision change, pursuant to the Service Provision Change (Protection of Employment) Regulations (NI) 2006 to either of the potential transferees i.e. the 2 ultimately successful contractors.
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