McCann v Vector Facilities Management L... Wallace Contracts (Northern Ir... Vector Facilities Management L... Wallace Contracts (Northern Ir... [2013] NIIT 01248_11IT (31 October 2013)

McCann v Vector Facilities Management L... Wallace Contracts (Northern Ir... Vector Facilities Management L... Wallace Contracts (Northern Ir... [2013] NIIT 01248_11IT (31 October 2013)

Both Vector and Wallace failed in their statutory duty to consult the claimants under Regulation 13 of the SPC Regulations, and Vector failed to provide timely employee liability information under Regulation 11. The changes proposed by Wallace constituted a substantial and material detriment to the claimants' working conditions, entitling them to treat their contracts as terminated and claim constructive dismissal. The special circumstances defence did not apply. Compensation was awarded for failure to consult and for unfair dismissal, with reductions for contributory fault and mitigation.

Citation
[2013] NIIT 01248_11IT
Parties
Claimant: John Gerard McCann; Claimant: Jonathan McCann; Respondent: Vector Facilities Management Ltd t/a Aramark Workplace Solutions; Respondent: Wallace Contracts (Northern Ireland) Ltd
Jurisdiction
Northern Ireland
Judgment Date
31 October 2013
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims upheld in part; compensation awarded for failure to consult and constructive dismissal.
Legal Topics
Service Provision Change, TUPE, Failure to Consult, Constructive Dismissal, Compensation, Employee Rights
Employment Law Service Provision Change TUPE Failure to Consult Constructive Dismissal Compensation Employee Rights

Case Brief

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Parties

John Gerard McCann

Claimant

Jonathan McCann

Claimant

Vector Facilities Management Ltd t/a Aramark Workplace Solutions

Respondent

Wallace Contracts (Northern Ireland) Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondents failed to consult the claimants under Regulation 13 of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006
  2. 2 Whether Wallace failed to provide Vector with necessary information under Regulation 13(4)
  3. 3 Whether Vector failed to provide employee liability information under Regulation 11

Ratio Decidendi

Both Vector and Wallace failed in their statutory duty to consult the claimants under Regulation 13 of the SPC Regulations, and Vector failed to provide timely employee liability information under Regulation 11. The changes proposed by Wallace constituted a substantial and material detriment to the claimants' working conditions, entitling them to treat their contracts as terminated and claim constructive dismissal. The special circumstances defence did not apply. Compensation was awarded for failure to consult and for unfair dismissal, with reductions for contributory fault and mitigation.

Court Disposition

Claims upheld in part; compensation awarded for failure to consult and constructive dismissal.

Orders

  • Respondents to pay each claimant £2,132.62 for failure to consult (joint and several liability)
  • Vector Facilities Management Ltd to pay John Gerard McCann £19,595.17 for constructive dismissal