Totten v Bed & Bath Works Ltd & Anor [2006] NIIT 907_05 (24 February 2006)

Totten v Bed & Bath Works Ltd & Anor [2006] NIIT 907_05 (24 February 2006)

The claimant's complaint is not well founded because the statutory right to consultation prior to redundancy is vested in elected employee representatives or trade union representatives, not in individual employees. There was no evidence of such representatives in this case.

Citation
[2006] NIIT 907_05
Parties
Claimant: Jim Totten; First Respondent: Bed & Bath Works Ltd; Second Respondent: Secretary of State
Jurisdiction
Northern Ireland
Judgment Date
24 February 2006
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim dismissed
Legal Topics
Redundancy, Consultation Requirements, Protective Award
Employment Law Redundancy Consultation Requirements Protective Award

Case Brief

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Parties

Jim Totten

Claimant

Bed & Bath Works Ltd

First Respondent

Secretary of State

Second Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent failed to consult employees prior to redundancy as required by Article 216 of the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant is entitled to a protective award under Article 217(2) and (3)

Ratio Decidendi

The claimant's complaint is not well founded because the statutory right to consultation prior to redundancy is vested in elected employee representatives or trade union representatives, not in individual employees. There was no evidence of such representatives in this case.

Court Disposition

claim dismissed

Orders

  • Claimant's complaint in respect of failure to consult is dismissed.
  • Secretary of State dismissed from proceedings.