The Labour Court set aside James Mc Manus’s statutory redundancy decision after finding that the core business he worked for had transferred to a new employer. The determination was signed on 8 November 2017, overturning an adjudication officer’s decision that had found his claim well founded.
Mc Manus worked for Ardcolum Motor Factors Limited from 9 April 2013 as a stores assistant. Ardcolum Agri Stores Limited continued the motor factors business from the same premises, serving the same customers and using key machinery. Three of the four former employees worked for the new business, on terms no less favourable than before.
The Court found that a transfer of undertaking occurred on 7 December 2015. It concluded that Mc Manus’s job was deemed to continue and that he was not entitled to statutory redundancy pay from his former employer. It found his claim not well founded and set aside the adjudication officer’s decision.