McGourty v Dragonglass Belfast Limited [2023]

Posted In: Case Law
  • Decision Number
    NIIT 27200/22
  • Legal Body
    NI Industrial/Employment Tribunal (NIIET)
  • Type of Claim / Jurisdiction
    Working Time, Pay
Issues covered: Unlawful deduction from wages; Working Time Regulations; Coronavirus


The claimant regularly worked for the respondent, in their hotel, as a kitchen porter.  The claimant signed an agreement stating he wished to remain as a casual worker but he regularly worked 36 hours per week and in practice received payment for his breaks. The claimant was placed onto furlough as a result of the pandemic.

When reopening, there was notification of potential redundancies to ensure economic viability.  In relation to the claimant’s department it was being reduced from 21 full-time equivalents to 11. At individual meetings the claimant indicated a desire to be made redundant, yet the respondent sought to preserve the roles.  Subsequently, the

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This article is correct at 10/05/2023

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.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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