Lee & Ors... [2015] NIIT 00758_15IT (30 October 2015)

Lee & Ors... [2015] NIIT 00758_15IT (30 October 2015)

The respondent failed to comply with its statutory duty to collectively consult under Article 216 of the Employment Rights Order 1996 prior to making the claimants and other Northern Ireland-based employees redundant. No special circumstances excused this failure, and no steps were taken towards compliance. The seriousness of the default warranted the maximum protective award of 90 days for all affected employees.

Citation
[2015] NIIT 00758_15IT
Parties
Claimant: Lewis Lee; Claimant: Michael Thompson; Claimant: Ryan Brown; Claimant: Howard Wilson; Claimant: Robert Carnwath; Claimant: Terry Dineen; Claimant: Steven Parkes; Claimant: Shaun Brown; Claimant: Joanne Mullan; Respondent: City Link Ltd (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
30 October 2015
Procedural Posture
Industrial Tribunal Employment Rights (collective Redundancy) / Final Decision
Outcome
Claimants' complaints under Article 217 of the Employment Rights Order 1996 are well-founded. Protective award granted.
Legal Topics
Collective Redundancy, Protective Award, Failure to Consult, Employment Rights Order 1996, Redundancy Procedures
Employment Law Collective Redundancy Protective Award Failure to Consult Employment Rights Order 1996 Redundancy Procedures

Case Brief

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Parties

Lewis Lee

Claimant

Michael Thompson

Claimant

Ryan Brown

Claimant

Howard Wilson

Claimant

Robert Carnwath

Claimant

Terry Dineen

Claimant

Steven Parkes

Claimant

Shaun Brown

Claimant

Joanne Mullan

Claimant

City Link Ltd (In Administration)

Respondent

Procedural Posture

Industrial Tribunal Employment Rights (collective Redundancy) / Final Decision

Legal Issues

  1. 1 Whether the respondent complied with collective consultation duties under Article 216 and/or 216A of the Employment Rights Order 1996
  2. 2 Whether there were special circumstances rendering compliance not reasonably practicable
  3. 3 Whether a protective award should be made and its scope and duration

Ratio Decidendi

The respondent failed to comply with its statutory duty to collectively consult under Article 216 of the Employment Rights Order 1996 prior to making the claimants and other Northern Ireland-based employees redundant. No special circumstances excused this failure, and no steps were taken towards compliance. The seriousness of the default warranted the maximum protective award of 90 days for all affected employees.

Court Disposition

Claimants' complaints under Article 217 of the Employment Rights Order 1996 are well-founded. Protective award granted.

Orders

  • The respondent shall pay remuneration for the protected period to all specified employees.
  • The protected period began on 31 December 2014 and lasted for 90 days.