Woodside v Regency Spinning Ltd (In admin... [2009] NIIT 3572_09IT (09 November 2009)

Woodside v Regency Spinning Ltd (In admin... [2009] NIIT 3572_09IT (09 November 2009)

The respondent failed to consult with employees or facilitate election of representatives as required by law. The claimants were not union members, were not notified of their rights, and were subject to confusion and intimidation. The claims, though outside the standard three-month period, were brought within a reasonable time due to the circumstances. The tribunal unanimously found a serious breach and awarded the full 90-day protective award to all claimants.

Citation
[2009] NIIT 3572_09IT
Parties
Claimant: Adrian Woodside; Claimant: Robert Brown; Claimant: Gary James Burton; Claimant: Andrew Graham Croskery; Claimant: Stephen Samuel Edwards; Claimant: Samuel Joseph Gurnett; Claimant: Denese Johnston; Claimant: Stephen Large; Claimant: Samuel Maghie; Claimant: John Simpson McBratney; Claimant: Stuart Samuel McCormick; Claimant: Steven Findlay McQueen; Claimant: June Neill; Claimant: Samuel Kerr Patterson; Claimant: Ronald Savage; Claimant: Thomas Lyons; Claimant: Carol McKee; Claimant: Stephen Savage; Respondent: Regency Spinning Ltd (In administration)
Jurisdiction
Northern Ireland
Judgment Date
09 November 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
claims upheld
Legal Topics
Redundancy, Protective Award, Consultation Requirements, Employee Rights, Statutory Time Limits
Employment Law Redundancy Protective Award Consultation Requirements Employee Rights Statutory Time Limits

Case Brief

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Parties

Adrian Woodside

Claimant

Robert Brown

Claimant

Gary James Burton

Claimant

Andrew Graham Croskery

Claimant

Stephen Samuel Edwards

Claimant

Samuel Joseph Gurnett

Claimant

Denese Johnston

Claimant

Stephen Large

Claimant

Samuel Maghie

Claimant

John Simpson McBratney

Claimant

Stuart Samuel McCormick

Claimant

Steven Findlay McQueen

Claimant

June Neill

Claimant

Samuel Kerr Patterson

Claimant

Ronald Savage

Claimant

Thomas Lyons

Claimant

Carol McKee

Claimant

Stephen Savage

Claimant

Regency Spinning Ltd (In administration)

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent complied with Article 216 and Article 216A of the Employment Rights (Northern Ireland) Order 1996 regarding consultation on redundancies
  2. 2 Whether a protective award should be made and for what period
  3. 3 Whether claims were presented within the statutory time limits or within a reasonable further period

Ratio Decidendi

The respondent failed to consult with employees or facilitate election of representatives as required by law. The claimants were not union members, were not notified of their rights, and were subject to confusion and intimidation. The claims, though outside the standard three-month period, were brought within a reasonable time due to the circumstances. The tribunal unanimously found a serious breach and awarded the full 90-day protective award to all claimants.

Court Disposition

claims upheld

Orders

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