Carson v BDG Group Ltd (in liquidation) [2013] NIIT 00031_13IT (05 April 2013)
The claimant's ignorance of his entitlement to make a protective award complaint was reasonable, making it not reasonably practicable to comply with the primary time-limit. The claim was presented within a further period considered reasonable given the claimant's circumstances.
- Citation
- [2013] NIIT 00031_13IT
- Parties
- Claimant: Samuel Edward Carson; Respondent: BDG Group Ltd (in liquidation)
- Jurisdiction
- Northern Ireland
- Judgment Date
- 05 April 2013
- Procedural Posture
- Industrial Tribunal / Final Judgment
- Outcome
- claim upheld
- Legal Topics
- Protective Award, Collective Redundancy, Consultation Requirements, Limitation Period
Case Brief
Summary, issues, holding and outcome
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Parties
Samuel Edward Carson
Claimant
BDG Group Ltd (in liquidation)
Respondent
Procedural Posture
Industrial Tribunal / Final Judgment
Legal Issues
- 1 Whether the claimant is entitled to a protective award for failure of collective consultation under Article 217 of the Employment Rights (Northern Ireland) Order 1996
- 2 Whether the claim was presented within the statutory limitation period or within a further reasonable period
Ratio Decidendi
The claimant's ignorance of his entitlement to make a protective award complaint was reasonable, making it not reasonably practicable to comply with the primary time-limit. The claim was presented within a further period considered reasonable given the claimant's circumstances.
Court Disposition
claim upheld
Orders
- Protective award made in respect of the claimant.
- Respondent ordered to pay remuneration for the protected period.
Full Case Text
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