Cousins v BDG Group Limited (in liquidat... [2012] NIIT 01210_12IT (13 September 2012)

Cousins v BDG Group Limited (in liquidat... [2012] NIIT 01210_12IT (13 September 2012)

The respondent failed to carry out collective consultation prior to dismissing more than 20 employees by reason of redundancy, in breach of Article 217, and no special circumstances excused this failure.

Source-derived case information.

Citation
[2012] NIIT 01210_12IT
Parties
Claimant: Roy Cousins; Respondent: BDG Group Limited (in liquidation)
Jurisdiction
Northern Ireland
Judgment Date
13 September 2012
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
claim upheld
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult, Employee Rights
Employment Law Protective Award Collective Redundancy Failure to Consult Employee Rights

Source-derived case record

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Parties

Roy Cousins

Claimant

BDG Group Limited (in liquidation)

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

  1. 1 Whether the respondent failed to carry out collective consultation prior to redundancies as required by Article 217 of the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The respondent failed to carry out collective consultation prior to dismissing more than 20 employees by reason of redundancy, in breach of Article 217, and no special circumstances excused this failure.

Court Disposition

claim upheld

Orders

  • Protective award made in favour of claimant
  • Respondent ordered to pay remuneration for protected period