The Labour Court set aside Aidan Barron’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.
Barron had worked for Ardcolum Motor Factors Limited and a predecessor business from about 2 January 1984. Ardcolum Agri Stores Limited later 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, and those who transferred continued on terms no less favourable than before.
The Court found that a transfer of undertaking had occurred on 7 December 2015. It concluded that Barron’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.