Johnston v David Patton & Sons (NI) Ltd (... [2013] NIIT 108_13IT (09 August 2013)

Johnston v David Patton & Sons (NI) Ltd (... [2013] NIIT 108_13IT (09 August 2013)

The tribunal found that the respondent failed to comply with the statutory duty to inform and consult under Article 216, and that no sufficient evidence was provided to establish special circumstances or that all reasonably practicable steps were taken. The tribunal therefore made a protective award for the maximum...

Source-derived case information.

Citation
[2013] NIIT 108_13IT
Parties
Claimant: Maurice Stephen Johnston; Respondent: David Patton & Sons (NI) Ltd (in administration)
Jurisdiction
Northern Ireland
Judgment Date
09 August 2013
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim allowed
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult, Special Circumstances Defence
Employment Law Protective Award Collective Redundancy Failure to Consult Special Circumstances Defence

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Parties

Maurice Stephen Johnston

Claimant

David Patton & Sons (NI) Ltd (in administration)

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent failed to comply with the statutory duty to inform and consult under Article 216 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether special circumstances existed making compliance not reasonably practicable under Article 216(9)
  3. 3 Whether the respondent took all reasonably practicable steps towards compliance

Ratio Decidendi

The tribunal found that the respondent failed to comply with the statutory duty to inform and consult under Article 216, and that no sufficient evidence was provided to establish special circumstances or that all reasonably practicable steps were taken. The tribunal therefore made a protective award for the maximum period of 90 days.

Court Disposition

claim allowed

Orders

  • Protective award made in respect of the claimant for a period of 90 days beginning on 9 November 2012
  • Respondent to pay remuneration for the protective period