Sloan v Rotary Services Limited (In Ad... [2012] NIIT 01655_12IT (27 November 2012)

Sloan v Rotary Services Limited (In Ad... [2012] NIIT 01655_12IT (27 November 2012)

The respondent failed to carry out any collective consultation prior to dismissing more than 50 employees by reason of redundancy, and no special circumstances justified this failure. Therefore, the claimant's complaint is well-founded and a protective award is appropriate.

Citation
[2012] NIIT 01655_12IT
Parties
Claimant: Colin Sloan; Respondent: Rotary Services Limited (In Administration)
Jurisdiction
Northern Ireland
Judgment Date
27 November 2012
Procedural Posture
Industrial Tribunal / Decision on Protective Award
Outcome
Claim upheld
Legal Topics
Protective Award, Redundancy, Collective Consultation, Employee Rights
Employment Law Protective Award Redundancy Collective Consultation Employee Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Sloan

Claimant

Rotary Services Limited (In Administration)

Respondent

Procedural Posture

Industrial Tribunal / Decision on Protective Award

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 dismissing more than 50 employees by reason of redundancy, and no special circumstances justified this failure. Therefore, the claimant's complaint is well-founded and a protective award is appropriate.

Court Disposition

Claim upheld

Orders

  • Protective award made in favour of the claimant
  • Respondent to pay remuneration for the protected period (1 August 2012 for 90 days)