Campbell v Regency Spinning Ltd [2009] NIIT 321_08IT (21 January 2009)

Campbell v Regency Spinning Ltd [2009] NIIT 321_08IT (21 January 2009)

No consultation whatsoever took place prior to the dismissal of the claimant and other employees by way of redundancy, constituting a serious breach of Article 216. No mitigating factors were presented. The tribunal therefore awarded the maximum protective award period of 90 days.

Source-derived case information.

Citation
[2009] NIIT 321_08IT
Parties
Claimant: Alan Campbell; Respondent: Regency Spinning Limited (in administration); Respondent: Christopher Ratten and Jeremy Woodside of Tenon Limited T/A Tenon Recovery as Joint Administrators of Regency Spinning Limited
Jurisdiction
Northern Ireland
Judgment Date
21 January 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
protective award granted
Legal Topics
Redundancy, Protective Award, Consultation Requirements, Collective Redundancies
Employment Law Redundancy Protective Award Consultation Requirements Collective Redundancies

Source-derived case record

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Parties

Alan Campbell

Claimant

Regency Spinning Limited (in administration)

Respondent

Christopher Ratten and Jeremy Woodside of Tenon Limited T/A Tenon Recovery as Joint Administrators of Regency Spinning Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent complied with Article 216 of the Employment Rights (Northern Ireland) Order 1996 regarding consultation prior to redundancy
  2. 2 Determination of the appropriate period for a protective award

Ratio Decidendi

No consultation whatsoever took place prior to the dismissal of the claimant and other employees by way of redundancy, constituting a serious breach of Article 216. No mitigating factors were presented. The tribunal therefore awarded the maximum protective award period of 90 days.

Court Disposition

protective award granted

Orders

  • Declaration that the respondent failed to comply with Article 216 of the Employment Rights (Northern Ireland) Order 1996
  • Protective award made under Article 217 for the period of 90 days for each affected employee