Truideman v Teletech UK Limited [2012] NIIT 00732_12IT (20 November 2012)

Truideman v Teletech UK Limited [2012] NIIT 00732_12IT (20 November 2012)

The respondent failed to consult or provide for the election of employee representatives prior to dismissals by reason of redundancy, and no special circumstances excused this failure. The claimant's complaint is well-founded and the maximum protective award of 90 days is just and equitable.

Source-derived case information.

Citation
[2012] NIIT 00732_12IT
Parties
Claimant: Kathryn Reel; Respondent: T J Hughes in Administration
Jurisdiction
Northern Ireland
Judgment Date
20 November 2012
Procedural Posture
Industrial Tribunal Employment / Final Decision
Outcome
Claim 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

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Parties

Kathryn Reel

Claimant

T J Hughes in Administration

Respondent

Procedural Posture

Industrial Tribunal Employment / 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 prior to collective redundancies
  2. 2 Whether the claimant is entitled to a protective award under Article 217(a) of the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The respondent failed to consult or provide for the election of employee representatives prior to dismissals by reason of redundancy, and no special circumstances excused this failure. The claimant's complaint is well-founded and the maximum protective award of 90 days is just and equitable.

Court Disposition

Claim upheld; protective award granted.

Orders

  • Declaration that the claimant’s protective award complaint is well-founded under Article 217.
  • Protective award made in respect of the claimant.