Laverty v Oakington Properties Limited [2008] NIIT 426_07IT (08 May 2008)

The claimant is entitled to a protective award as the respondent failed to consult as required and did not pursue the special circumstances defence.

Citation: [2008] NIIT 426_07IT
Parties: Claimant: Pauline Angela Laverty; First Named Respondent: Oakington Properties Limited, formerly trading as Supervalu Supermarket, Downpatrick; Second Named Respondent: Department for Employment and Learning
Jurisdiction: Northern Ireland
Judgment Date: 08 May 2008
Procedural Posture: Industrial Tribunal / Final Decision
Outcome: claim upheld
Legal Topics: Protective Award, Redundancy, Collective Consultation, Insolvency

Case Brief

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Pauline Angela Laverty

Claimant

Oakington Properties Limited, formerly trading as Supervalu Supermarket, Downpatrick

First Named Respondent

Department for Employment and Learning

Second Named Respondent

Industrial Tribunal / Final Decision

1 entitlement to a protective award under Article 217 of the Employment Rights (Northern Ireland) Order 1996
2 applicability of the 'special circumstances' defence under Articles 216(9) and 221(7)

The claimant is entitled to a protective award as the respondent failed to consult as required and did not pursue the special circumstances defence.

claim upheld

First-named respondent to pay claimant a protective award for 56 days beginning 13 January 2007 pursuant to Article 217(2), (3), and (4) of the 1996 Order
Payment to be made by the Department due to respondent's insolvency