All the persons whose names an... v Lagan Construction Group Ltd (... (Redundancy Payment Unfair Dismissal Other) [2019] NIIT 05827_18IT (29 October 2019)

All the persons whose names an... v Lagan Construction Group Ltd (... (Redundancy Payment Unfair Dismissal Other) [2019] NIIT 05827_18IT (29 October 2019)

The employer failed to collectively consult as required by Article 216 of the Employment Rights (Northern Ireland) Order 1996. The quantitative criterion was not met for certain claimants, so no protective award is made for them. For all other claimants, the complaints are well-founded and a protective award for the maximum period of 90 days is appropriate due to the complete absence of consultation and lack of mitigating factors.

Citation
[2019] NIIT 05827_18IT
Parties
Claimant: All the persons whose names and case reference numbers are referred to in the First Schedule to this decision; Respondent: Lagan Construction Group Ltd (In Administration); Notice Party: Department for the Economy
Jurisdiction
Northern Ireland
Judgment Date
29 October 2019
Procedural Posture
Industrial Tribunal Employment Rights (northern Ireland) Order 1996, Article 217 Complaint / Final Merits and Remedies Decision
Outcome
Complaints under Article 217 are well-founded for all claimants except the 'Excepted Claimants'. Protective awards are made for all claimants except the Excepted Claimants. No protective award is made for the Excepted Claimants.
Legal Topics
Collective Redundancy, Protective Award, Collective Consultation, Employment Rights (northern Ireland) Order 1996, Article 216, Article 217, Dismissal, Redundancy, Jurisdiction, Quantitative Criterion
Employment Law Collective Redundancy Protective Award Collective Consultation Employment Rights (northern Ireland) Order 1996 Article 216 Article 217 Dismissal +3 more

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Parties

All the persons whose names and case reference numbers are referred to in the First Schedule to this decision

Claimant

Lagan Construction Group Ltd (In Administration)

Respondent

Department for the Economy

Notice Party

Procedural Posture

Industrial Tribunal Employment Rights (northern Ireland) Order 1996, Article 217 Complaint / Final Merits and Remedies Decision

Legal Issues

  1. 1 Whether the employer failed to comply with collective consultation duties under Article 216 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the Article 217 complaints were made in time
  3. 3 Whether the claimants had standing to bring Article 217 complaints

Ratio Decidendi

The employer failed to collectively consult as required by Article 216 of the Employment Rights (Northern Ireland) Order 1996. The quantitative criterion was not met for certain claimants, so no protective award is made for them. For all other claimants, the complaints are well-founded and a protective award for the maximum period of 90 days is appropriate due to the complete absence of consultation and lack of mitigating factors.

Court Disposition

Complaints under Article 217 are well-founded for all claimants except the 'Excepted Claimants'. Protective awards are made for all claimants except the Excepted Claimants. No protective award is made for the Excepted Claimants.

Orders

  • Declaration that Article 217 complaints are well-founded for all claimants except the Excepted Claimants
  • Protective award made for all claimants except the Excepted Claimants