Geddis v Rotary Services Limited (In Ad... [2012] NIIT 01624_12IT (27 November 2012)

Geddis v Rotary Services Limited (In Ad... [2012] NIIT 01624_12IT (27 November 2012)

The respondent failed to carry out any collective consultation prior to making more than 50 employees redundant within a short period. No special circumstances excused this failure. The claimant is therefore entitled to a protective award for the statutory protected period.

Citation
[2012] NIIT 01624_12IT
Parties
Claimant: Sharon Geddis; Respondent: Rotary Services Limited (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
27 November 2012
Procedural Posture
Industrial Tribunal Protective Award / Final Decision
Outcome
Claim upheld. Protective award granted.
Legal Topics
Protective Award, Collective Redundancy, Consultation Requirements, Recoupment of Benefits

Case Brief

Summary, issues, holding and outcome

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Parties

Sharon Geddis

Claimant

Rotary Services Limited (In Administration)

Respondent

Procedural Posture

Industrial Tribunal Protective Award / Final Decision

  1. 1 Whether the respondent failed to comply with statutory collective consultation requirements prior to redundancy dismissals
  2. 2 Whether the claimant is entitled to a protective award

Ratio Decidendi

The respondent failed to carry out any collective consultation prior to making more than 50 employees redundant within a short period. No special circumstances excused this failure. The claimant is therefore entitled to a protective award for the statutory protected period.

Court Disposition

Claim upheld. Protective award granted.

Orders

  • Respondent to pay remuneration for the protected period to the claimant.
  • Protected period is 90 days commencing 1 August 2012.