Lavery v Rotary Services Limited (In Ad... [2012] NIIT 01632_12IT (27 November 2012)

Lavery v Rotary Services Limited (In Ad... [2012] NIIT 01632_12IT (27 November 2012)

The respondent failed to carry out any collective consultation prior to making more than 50 employees redundant within a month. No special circumstances excused this failure. The claimant is entitled to a protective award for a protected period of 90 days starting 1 August 2012.

Citation
[2012] NIIT 01632_12IT
Parties
Claimant: John Lavery; Respondent: Rotary Services Limited (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
27 November 2012
Procedural Posture
Industrial Tribunal Protective Award / Final Decision After Hearing; Respondent Debarred for Non Response
Outcome
Claimant's complaint upheld; protective award granted.
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult, Recoupment of Benefits
Employment Law Protective Award Collective Redundancy Failure to Consult Recoupment of Benefits

Case Brief

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Parties

John Lavery

Claimant

Rotary Services Limited (In Administration)

Respondent

Procedural Posture

Industrial Tribunal Protective Award / Final Decision After Hearing; Respondent Debarred for Non Response

Legal Issues

  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 making more than 50 employees redundant within a month. No special circumstances excused this failure. The claimant is entitled to a protective award for a protected period of 90 days starting 1 August 2012.

Court Disposition

Claimant's complaint upheld; protective award granted.

Orders

  • Respondent to pay remuneration for a protected period of 90 days commencing 1 August 2012.
  • Recoupment procedures to be followed as per statutory regulations.