Boyd v T J Hughes in Administration [2012] NIIT 02824_11IT (20 November 2012)

Boyd v T J Hughes in Administration [2012] NIIT 02824_11IT (20 November 2012)

The respondent failed to consult with or arrange for the election of employee representatives prior to collective redundancies, and no special circumstances excused this failure. The maximum protective award of 90 days is just and equitable in the circumstances.

Citation
[2012] NIIT 02824_11IT
Parties
Claimant: Karon Boyd; Respondent: T J Hughes in Administration
Jurisdiction
Northern Ireland
Judgment Date
20 November 2012
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claimant's complaint upheld; protective award granted.
Legal Topics
Protective Award, Collective Redundancy, Failure to Consult, Employee Representatives, Redundancy Procedures
Employment Law Protective Award Collective Redundancy Failure to Consult Employee Representatives Redundancy Procedures

Case Brief

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Parties

Karon Boyd

Claimant

T J Hughes in Administration

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent failed to comply with statutory consultation requirements under Article 216 of the Employment Rights (Northern Ireland) Order 1996 prior to collective redundancies
  2. 2 Whether the claimant is entitled to a protective award under Article 217(a)

Ratio Decidendi

The respondent failed to consult with or arrange for the election of employee representatives prior to collective redundancies, and no special circumstances excused this failure. The maximum protective award of 90 days is just and equitable in the circumstances.

Court Disposition

Claimant's complaint upheld; protective award granted.

Orders

  • Declaration that the claimant’s protective award complaint is well-founded under Article 217 of the Employment Rights (Northern Ireland) Order 1996.
  • Protective award made in respect of the claimant.