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
Legal Issues
- 1 Whether the respondent failed to carry out collective consultation prior to redundancies as required by law
- 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.
Full Case Text
Judgment text and source record
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