British Air Line Pilot's Assco... v Flybe Limited (In Administrati... (Other) [2022] NIit 13393_20IT (25 March 2022)

British Air Line Pilot's Assco... v Flybe Limited (In Administrati... (Other) [2022] NIit 13393_20IT (25 March 2022)

The tribunal found it appropriate to extend the time limit for reconsideration of the judgment, revoked the original judgment, and issued an amended judgment by consent, declaring the respondent failed to comply with statutory consultation requirements and awarding 60 days’ pay as a protective award to the affected pilots.

Citation
[2022] NIit 13393_20IT
Parties
Claimant: British Air Line Pilots’ Association; Respondent: Flybe Limited (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
25 March 2022
Procedural Posture
Industrial Tribunal / Reconsideration Judgment Following Consent Judgment
Outcome
Amended judgment by consent issued; original judgment revoked; protective award granted.
Legal Topics
Protective Award, Collective Redundancy, Time Limits, Reconsideration of Judgment
Employment Law Insolvency Law Protective Award Collective Redundancy Time Limits Reconsideration of Judgment

Case Brief

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Parties

British Air Line Pilots’ Association

Claimant

Flybe Limited (In Administration)

Respondent

Procedural Posture

Industrial Tribunal / Reconsideration Judgment Following Consent Judgment

Legal Issues

  1. 1 Whether the time limit for reconsideration of judgment should be extended
  2. 2 Whether the respondent failed to comply with Article 216 of the Employment Rights (Northern Ireland) Order 1996
  3. 3 Whether a protective award should be made for the affected pilots

Ratio Decidendi

The tribunal found it appropriate to extend the time limit for reconsideration of the judgment, revoked the original judgment, and issued an amended judgment by consent, declaring the respondent failed to comply with statutory consultation requirements and awarding 60 days’ pay as a protective award to the affected pilots.

Court Disposition

Amended judgment by consent issued; original judgment revoked; protective award granted.

Orders

  • Declaration that respondent failed to comply with Article 216 of the Employment Rights (Northern Ireland) Order 1996
  • Protective award of 60 days’ pay to all pilots in the recognised bargaining unit listed in revised Schedule 1, commencing on date of dismissals