British Air Line Pilot's Assco... v Flybe Limited (In Administrati... (Other) [2021] NIit 13393_20it (02 August 2021)

The respondent failed to comply with the consultation requirements under Article 216, entitling the pilots in the recognised bargaining unit to a protective award of 60 days’ pay.

Parties: Claimant: British Air Line Pilots’ Association; Respondent: Flybe Limited (In Administration)
Jurisdiction: Northern Ireland
Judgment Date: 02 August 2021
Procedural Posture: Industrial Tribunal / Judgment by Consent
Outcome: Protective award granted by consent
Legal Topics: Protective Award, Collective Redundancy, Preferential Debts, Unsecured Dividend, Employment Rights

Employment Law Insolvency Law Protective Award Collective Redundancy Preferential Debts Unsecured Dividend Employment Rights

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

British Air Line Pilots’ Association

Claimant

Flybe Limited (In Administration)

Respondent

Procedural Posture

Industrial Tribunal / Judgment by Consent

Legal Issues

1 Whether the respondent failed to comply with requirements of Article 216 of the Employment Rights (Northern Ireland) Order 1996
2 Entitlement of pilots to a protective award under Section 217(2)

Ratio Decidendi

The respondent failed to comply with the consultation requirements under Article 216, entitling the pilots in the recognised bargaining unit to a protective award of 60 days’ pay.

Court Disposition

Protective award granted by consent

Orders

Declaration that the respondent failed to comply with Article 216 requirements
Protective award of 60 days’ pay to all pilots in the recognised bargaining unit listed in Schedule 1, commencing from the date of dismissal