McMahon v BDG Group Limited (in liquidat... [2012] NIIT 00874_12IT (12 September 2012)

McMahon v BDG Group Limited (in liquidat... [2012] NIIT 00874_12IT (12 September 2012)

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

Source-derived case information.

Citation
[2012] NIIT 00874_12IT
Parties
Claimant: Gary James McMahon; Respondent: BDG Group Limited (in liquidation)
Jurisdiction
Northern Ireland
Judgment Date
12 September 2012
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claimant's complaint upheld; protective award granted; all other claims dismissed on withdrawal.
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

Summary, issues, holding and outcome

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Parties

Gary James McMahon

Claimant

BDG Group Limited (in liquidation)

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

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 a protective award should be made for the claimant

Ratio Decidendi

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

Court Disposition

Claimant's complaint upheld; protective award granted; all other claims dismissed on withdrawal.

Orders

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