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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McMillan v BDG Group Limited (in liquidat... [2012] NIIT 00550_12IT (13 September 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/550_12IT.html
Cite as: [2012] NIIT 00550_12IT, [2012] NIIT 550_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 550/12
CLAIMANT: Robert John McMillan
RESPONDENT: BDG Group Limited (in liquidation)
DECISION
(A) It is declared that the claimant’s protective award complaint (his complaint under Article 217 of the Employment Rights (Northern Ireland) Order 1996) is well-founded.
(B) I have decided to make a protective award in respect of this claimant.
(C) It is ordered that the respondent shall pay remuneration for the protected period.
(D) The protected period began on 26 March 2012 and lasted for 90 days.
(E) During this hearing, the claimant told me that he wished to withdraw all claims other than his Article 217 claim. According, all such other claims are dismissed.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was self-represented.
The respondent was not represented.
REASONS
1. I announced my decision at the end of the hearing. At the same time I gave brief oral reasons for that decision. Accordingly, what follows is by way of summary only.
2. These proceedings were not contested by the respondent company.
3. On the basis of the sworn testimony of Mr Gary McMahon, and on the basis of documentary evidence which was provided to me (by this claimant and by other claimants), I am satisfied as to the following matters. The claimant was an employee of the respondent. The workforce to which the claimant belonged was not unionised. No relevant employee representatives had been elected. The employer had made no arrangements in relation to the election of relevant employee representatives. All of the employees who constituted the workforce of the respondent (consisting of more than 20 employees) were dismissed by reason of redundancy, from 26 March 2012 onwards, during a period of less than three weeks. Prior to those dismissals, no collective consultation took place. I am unaware of any special circumstances which rendered it not reasonably practicable for this employer to carry out a collective consultation process.
Chairman:
Date and place of hearing: 28 August 2012, Belfast.
Date decision recorded in register and issued to parties: