Hawthorne v BDG Group Ltd (in liquidation) [2013] NIIT 01682_12IT (18 January 2013)

Hawthorne v BDG Group Ltd (in liquidation) [2013] NIIT 01682_12IT (18 January 2013)

The respondent failed to collectively consult employees prior to redundancy, and the claimant's ignorance of his entitlement to a protective award was reasonable. The complaint was presented within a further reasonable period after the claimant became aware of his rights. The claimant is entitled to a protective award for a protected period of 90 days.

Citation
[2013] NIIT 01682_12IT
Parties
Claimant: Dean Hawthorne; Respondent: BDG Group Ltd (in liquidation)
Jurisdiction
Northern Ireland
Judgment Date
18 January 2013
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
claim allowed
Legal Topics
Protective Award, Collective Redundancy, Consultation Requirements, Limitation Period, Recoupment of Benefits
Employment Law Protective Award Collective Redundancy Consultation Requirements Limitation Period Recoupment of Benefits

Case Brief

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Parties

Dean Hawthorne

Claimant

BDG Group Ltd (in liquidation)

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondent failed to collectively consult employees prior to redundancy as required by law
  2. 2 Whether the claimant's complaint was presented within the statutory time limits or within a further reasonable period
  3. 3 Whether the claimant is entitled to a protective award

Ratio Decidendi

The respondent failed to collectively consult employees prior to redundancy, and the claimant's ignorance of his entitlement to a protective award was reasonable. The complaint was presented within a further reasonable period after the claimant became aware of his rights. The claimant is entitled to a protective award for a protected period of 90 days.

Court Disposition

claim allowed

Orders

  • The claimant’s protective award complaint is well-founded.
  • A protective award is made in respect of the claimant.