Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University. As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal. At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.
Background:
The claimant brought a claim for unfair dismissal on the grounds of redundancy. The Tribunal noted that it had not received a response from the respondent within the relevant time limit and the case was determined without a hearing.
Outcome:
The Tribunal, without any input from the respondent, decided that the unfair dismissal claim on the basis of redundancy was well-founded. It was ordered that the respondent would have to pay both the basic and compensatory award as is normal. The basic award, through the statutory calculation, was ordered as £2,457.60. The compensatory award, however, was not calculated with a remedies hearing to be scheduled if the claimant asks. The reason that this aspect is important is through the Tribunal noting that the Redundancy Payments Service has no power to make a payment for a compensatory award.
Practical Guidance for Employers:
This case demonstrates the mechanism that can be used by claimants/employees in a situation in which they have been made redundant and the respondent company is no longer trading and is not engaging in the proceedings. It is important to have an order for the basic award and then a claim can be made to the Redundancy Payments Service.
NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/
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