McBride v Lagan Construction Limited Lagan Construction Limited [2012] NIIT 02636_11IT (01 May 2012)

McBride v Lagan Construction Limited Lagan Construction Limited [2012] NIIT 02636_11IT (01 May 2012)

The dismissals were due to genuine redundancy situations, the selection pools and criteria were reasonable, the procedures followed fell within the band of reasonable responses for a reasonable employer, and the admitted breach of company procedure did not render the dismissals unfair due to the operation of Article...

Source-derived case information.

Citation
[2012] NIIT 02636
Parties
Claimant: Karen McBride; Claimant: Nichola Greaves; Respondent: Lagan Construction Limited
Jurisdiction
Northern Ireland
Judgment Date
01 May 2012
Procedural Posture
Industrial Tribunal Unfair Dismissal / Final Decision
Outcome
Claims dismissed
Legal Topics
Unfair Dismissal, Redundancy, Fair Procedure, Selection Criteria, Alternative Employment
Employment Law Unfair Dismissal Redundancy Fair Procedure Selection Criteria Alternative Employment

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Summary, issues, holding and outcome

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Parties

Karen McBride

Claimant

Nichola Greaves

Claimant

Lagan Construction Limited

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal / Final Decision

Legal Issues

  1. 1 Whether there was a genuine redundancy situation
  2. 2 Whether fair procedures and selection criteria were applied in the redundancy process
  3. 3 Whether suitable alternative employment was available and offered

Ratio Decidendi

The dismissals were due to genuine redundancy situations, the selection pools and criteria were reasonable, the procedures followed fell within the band of reasonable responses for a reasonable employer, and the admitted breach of company procedure did not render the dismissals unfair due to the operation of Article 130A of the Employment Rights (NI) Order 1996.

Court Disposition

Claims dismissed

Orders

  • The claims of both claimants are dismissed in their entirety.