Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:    947/13 and Others

 

 

 

CLAIMANT:                          Dempsey and Others

 

RESPONDENT:                  David Patton and Sons (NI) Ltd  (In Administration)

 

 

 

DECISION ON A PRE-HEARING REVIEW

 

In each listed case, my decision is that the complaint is not time-barred.

 

 

Constitution of Tribunal:

 

Employment Judge Buggy (Sitting alone):  Employment Judge Buggy

 

 

Appearances:

 

The claimant was represented by Mr J O’Neill, Solicitor of Thompsons NI.

 

The respondent was not represented.

 

 

REASONS

 

1.         This is my decision in respect of the conjoined time-limit Pre-Hearing Reviews in the 12 cases which are listed below (“the listed cases”).

 

2.         The listed cases are as follows:

 

Name of Claimant	Case Ref No
Dempsey, Nigel	947/13IT
Thompson, John	948/13IT
Holmes, Gordon	949/13IT
Dobbin, Tommy	950/13IT
McAteer, Eamonn	952/13IT
Rogan, Richard	989/13IT
Orr, Desmond	986/13IT
Simpson, Judith	992/13IT
McCaughern, William Nevin	990/13IT
Graham , Conor	1115/13IT
Watterson, David	987/13IT
Williamson, Andrew	1000/13IT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.         The listed cases are part of broader group litigation (also known as Dempsey and Others), in which a full Decision of an industrial tribunal is currently pending.

 

5.         In each of the listed cases, the respondent is David Patton and Sons (NI) Ltd (“Pattons NI”).  Each relevant claimant was dismissed, by reason of redundancy, during the year which began on 9 November 2012.

 

5.         Each listed claimant is represented by the same solicitors (Thompsons NI).

 

6.         Pattons NI is in administration.  In each listed case, the administrator has consented to the bringing of the relevant complaint.

 

7.         Article 216 of the Employment Rights (Northern Ireland) Order (“ERO”) imposes a duty upon an employer, in some situations, to collectively consult with representatives of all or part of its workforce.  Article 216A of ERO imposes requirements in relation to the election of such representatives.

 

8.         Article 217 provides for the making of complaints to an industrial tribunal in respect of failures to comply with Article 216 and/or Article 216A.

 

9.         In each listed case, the claimant makes an Article 217 complaint.

 

10.       Article 217(5) imposes a time-limit in relation to any Article 217 complaint.

 

11.       In each of the listed cases, there was an issue as to whether or not the relevant complaint was time-barred, in light of the requirements of paragraph (5) of Article 217.  In each of the listed cases, that issue was the subject of these PHRs.

 

12.       In each instance, I have decided that the relevant complaint is not time-barred.  Reasons for this Decision will be given in the near future.

 

 

 

 

 

 

 

Employment Judge

 

Date and place of hearing:    11 November 2013, Belfast.

 

Date decision recorded in register and issued to parties: