James Agnew v SPS Ireland Ltd (In Liquidation)

Posted In: Case Law
  • Case Reference
    1506/16
  • Legal Body
    NI Industrial/Employment Tribunal (NIIET)
  • Type of Claim / Jurisdiction
    Redundancy
Issues covered: Redundancy; Article 215 Employment Rights Order (NI) 1996; The 'Human Stock' Test

In April 2016, the claimant was made aware that the respondent company would be ceasing business on Friday of the same week. No indication of this planned closure had been given to any employees and they were informed that the business would be in no position to honour any outstanding pay, notice pay, redundancy pay or holiday pay. The company had completely failed to comply with its Article 215 Employment Rights Order (NI) 1996 and no form of dialogue with any of the employees had been established.

There was undisputed evidence in the case that the respondent’s undertaking consisted of two separate establishments at two different locations. As a standard pre-requisite to a claim, it had to

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This article is correct at 20/03/2017
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John Taggart BL

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