Hanlon v Rotary Services Limited (In Ad... [2012] NIIT 01527_12IT (27 November 2012)

Hanlon v Rotary Services Limited (In Ad... [2012] NIIT 01527_12IT (27 November 2012)

The respondent failed to carry out any collective consultation prior to dismissing more than 50 employees by reason of redundancy within a short period. No special circumstances justified this failure. The claimant is entitled to a protective award for the statutory protected period.

Citation
[2012] NIIT 01527_12IT
Parties
Claimant: Gail Hanlon; 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, Failure to Consult, Redundancy Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Gail Hanlon

Claimant

Rotary Services Limited (In Administration)

Respondent

Procedural Posture

Industrial Tribunal Protective Award / Final Decision

  1. 1 Whether the respondent failed to carry out collective consultation prior to redundancies as required by law
  2. 2 Whether the claimant is entitled to a protective award

Ratio Decidendi

The respondent failed to carry out any collective consultation prior to dismissing more than 50 employees by reason of redundancy within a short period. No special circumstances justified this failure. The claimant is entitled to a protective award for the statutory protected period.

Court Disposition

Claim upheld; protective award granted.

Orders

  • The claimant’s protective award complaint is well-founded.
  • A protective award is made in respect of the claimant.