Dalzell v BDG Group Limited (in liquidat... [2012] NIIT 00685_12IT (13 September 2012)

Dalzell v BDG Group Limited (in liquidat... [2012] NIIT 00685_12IT (13 September 2012)

The respondent failed to carry out collective consultation prior to dismissing more than 20 employees for redundancy, and no special circumstances justified this failure. The claimant's complaint is well-founded and a protective award is appropriate.

Source-derived case information.

Citation
[2012] NIIT 00685_12IT
Parties
Claimant: Paul Dalzell; Respondent: BDG Group Limited (in liquidation)
Jurisdiction
Northern Ireland
Judgment Date
13 September 2012
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claimant's complaint upheld. Protective award granted. Other claims withdrawn and dismissed.
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult, Employment Rights (northern Ireland) Order 1996
Employment Law Protective Award Collective Redundancy Failure to Consult Employment Rights (northern Ireland) Order 1996

Source-derived case record

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Parties

Paul Dalzell

Claimant

BDG Group Limited (in liquidation)

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent failed to comply with collective consultation requirements under Article 217 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant is entitled to a protective award

Ratio Decidendi

The respondent failed to carry out collective consultation prior to dismissing more than 20 employees for redundancy, and no special circumstances justified this failure. The claimant's complaint is well-founded and a protective award is appropriate.

Court Disposition

Claimant's complaint upheld. Protective award granted. Other claims withdrawn and dismissed.

Orders

  • Respondent to pay remuneration for the protected period.
  • Protected period began on 26 March 2012 and lasted for 90 days.