McGilligan v KPL Contracts Ltd (In Administ... [2014] NIIT 872_14IT (11 December 2014)

McGilligan v KPL Contracts Ltd (In Administ... [2014] NIIT 872_14IT (11 December 2014)

A 90-day protective award is made to all specified employees because the respondent failed to carry out any collective consultation prior to redundancies on 21 February 2014, with no mitigating circumstances justifying a reduction in the protected period.

Citation
[2014] NIIT 872_14IT
Parties
Claimant: William McGilligan and Others; Respondent: KPL Contracts Ltd (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
11 December 2014
Procedural Posture
Employment Tribunal Collective Redundancy/protective Award / Remedies Decision Following Default Judgment on Liability
Outcome
Protective award granted for 90 days to all specified employees due to failure to consult collectively.
Legal Topics
Collective Redundancy, Protective Award, Failure to Consult, Employment Rights (northern Ireland) Order 1996, Remedies
Employment Law Collective Redundancy Protective Award Failure to Consult Employment Rights (northern Ireland) Order 1996 Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

William McGilligan and Others

Claimant

KPL Contracts Ltd (In Administration)

Respondent

Procedural Posture

Employment Tribunal Collective Redundancy/protective Award / Remedies Decision Following Default Judgment on Liability

Legal Issues

  1. 1 Whether a protective award should be made for failure to collectively consult under Article 217 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Scope and duration of the protective award
  3. 3 Personal scope of employees covered by the award

Ratio Decidendi

A 90-day protective award is made to all specified employees because the respondent failed to carry out any collective consultation prior to redundancies on 21 February 2014, with no mitigating circumstances justifying a reduction in the protected period.

Court Disposition

Protective award granted for 90 days to all specified employees due to failure to consult collectively.

Orders

  • Respondent to pay remuneration for the protected period of 90 days commencing 21 February 2014 to all specified employees, including claimants and other employees dismissed or proposed to be dismissed as redundant from 21 February 2014 onwards.
  • Respondent to provide required employee information to the Department for Social Development within 10 days as per Regulation 6 of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996.