Tipping v BDG Group Ltd (in liquidation) [2013] NIIT 02351_12IT (19 April 2013)

Tipping v BDG Group Ltd (in liquidation) [2013] NIIT 02351_12IT (19 April 2013)

The claimant's ignorance of his entitlement to make a protective award complaint was reasonable, making it not reasonably practicable to present the complaint within the primary limitation period. The further period taken to present the complaint was, on balance, reasonable in the circumstances. The respondent failed to collectively consult as required, entitling the claimant to a protective award.

Citation
[2013] NIIT 02351_12IT
Parties
Claimant: Kenneth Tipping; Respondent: BDG Group Ltd (in liquidation)
Jurisdiction
Northern Ireland
Judgment Date
19 April 2013
Procedural Posture
Protective Award Complaint / Final Decision
Outcome
claim allowed
Legal Topics
Protective Award, Collective Redundancy, Consultation Requirements, Limitation Period
Employment Law Protective Award Collective Redundancy Consultation Requirements Limitation Period

Case Brief

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Parties

Kenneth Tipping

Claimant

BDG Group Ltd (in liquidation)

Respondent

Procedural Posture

Protective Award Complaint / Final Decision

Legal Issues

  1. 1 Whether the claimant is entitled to a protective award for failure to collectively consult prior to redundancy
  2. 2 Whether the complaint 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 present the complaint within the primary limitation period. The further period taken to present the complaint was, on balance, reasonable in the circumstances. The respondent failed to collectively consult as required, entitling the claimant to a protective award.

Court Disposition

claim allowed

Orders

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