Hughes v T J Hughes in Administration [2012] NIIT 02834_11IT (20 November 2012)

Hughes v T J Hughes in Administration [2012] NIIT 02834_11IT (20 November 2012)

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

Source-derived case information.

Citation
[2012] NIIT 02834_11IT
Parties
Claimant: Shaun Hughes; 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

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shaun Hughes

Claimant

T J Hughes in Administration

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the respondent failed to consult and provide statutory information under Article 216 of the Employment Rights (Northern Ireland) Order 1996 in relation 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 or provide for the election of employee representatives prior to making collective redundancies, and no special circumstances justified 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.
  • Protective award made in respect of the claimant.