British Airline Pilots-™ Association v Monarch Airlines Ltd (In Administration) and Secretary of State for Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2019] UKET 3303070/2018 (1 July 2019)

British Airline Pilots-™ Association v Monarch Airlines Ltd (In Administration) and Secretary of State for Business, Energy and Industrial Strategy (England and Wales : Protective Award) [2019] UKET 3303070/2018 (1 July 2019)

The Tribunal found that Monarch Airlines Ltd failed to comply with its statutory duty to consult representatives of affected employees prior to collective redundancies, and that the circumstances did not excuse this failure. A protective award was therefore appropriate.

Citation
[2019] UKET 3303070/2018
Parties
Claimant: British Airline Pilots' Association; Respondent: Monarch Airlines Ltd (In Administration); Respondent: Secretary of State for Business, Energy and Industrial Strategy
Jurisdiction
United Kingdom
Judgment Date
01 July 2019
Procedural Posture
Employment Tribunal / Judgment
Outcome
Protective award granted
Legal Topics
Protective Award, Collective Redundancy, Consultation Requirements
Employment Law Protective Award Collective Redundancy Consultation Requirements

Case Brief

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Parties

British Airline Pilots' Association

Claimant

Monarch Airlines Ltd (In Administration)

Respondent

Secretary of State for Business, Energy and Industrial Strategy

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether Monarch Airlines Ltd failed to comply with statutory consultation requirements prior to collective redundancies
  2. 2 Whether a protective award should be made in favour of affected employees

Ratio Decidendi

The Tribunal found that Monarch Airlines Ltd failed to comply with its statutory duty to consult representatives of affected employees prior to collective redundancies, and that the circumstances did not excuse this failure. A protective award was therefore appropriate.

Court Disposition

Protective award granted

Orders

  • Monarch Airlines Ltd to pay a protective award to affected employees for the maximum period permitted by law