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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roy Cousins
Claimant
BDG Group Limited (in liquidation)
Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 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
Full Case Text
Judgment text and source record
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