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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> British Air Line Pilot's Assco... v Flybe Limited (In Administrati... (Other) [2021] NIit 13393_20it (02 August 2021)
URL: http://www.bailii.org/nie/cases/NIIT/2021/13393_20IT.html
Cite as: [2021] NIit 13393_20it
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THE INDUSTRIAL TRIBUNALS
CASE REF: 13393/20
CLAIMANT: British Air Line Pilots’ Association
RESPONDENT: Flybe Limited (In Administration)
JUDGMENT BY CONSENT
CONSTITUTION OF TRIBUNAL
Employment Judge (sitting alone): Employment Judge Hamill
APPEARANCES:
The claimant was represented by Ms Rosemary Lundy of Arthur Cox Solicitors.
The respondent was represented by AM Hudson, Administrator.
1. Pursuant to Regulation 59 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 it is ordered as follows:-
(1) In accordance with Section 217(2) of the Employment Rights (Northern Ireland) Order 1996 (“the 1996 Order”) the Industrial Tribunal makes a declaration that the respondent failed to comply with requirements of Article 216; and
(2) By consent of the relevant parties, the Industrial Tribunal orders a protective award of 60 days’ pay in respect of all pilots falling within the recognised bargaining unit which are listed in Schedule 1 (attached) beginning on the date of their dismissal.
(3) Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the respondent (rather than the Secretary of State) pursuant to this judgment will be paid as an unsecured dividend.
(4) No Order as to costs.
2. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Employment Judge:
Date: 26 July 2021
This judgment was entered in the register and issued to the parties on:
IN THE OFFICE OF THE INDUSTRIAL TRIBUNALS
AND THE FAIR EMPLOYMENT TRIBUNAL
CLAIM NUMBER: 13393/20IT
BETWEEN:
BRITISH AIR LINE PILOT’S ASSOCIATION
Claimant
-and-
FLYBE LIMITED (IN ADMINISTRATION)
Respondent
________________________________________________________
SCHEDULE 1 OF JUDGMENT BY CONSENT
________________________________________________________
|
No. |
Forename |
Surname |
Base |
|
|
Peter |
Donnelly |
BHD |
|
|
Stephen |
Gillan |
BHD |
|
|
Michael |
Montgomery |
BHD |
|
|
Victor |
Henning |
BHD |
|
|
Howard |
Courtenage |
BHD |
|
|
Ryan |
Phillips |
BHD |
|
|
Christopher |
Jones |
BHD |
|
|
James |
Brown |
BHD |
|
|
Aidan |
O'neill |
BHD |
|
|
Daniel |
Spragg |
BHD |
|
|
Nigel |
Lowry |
BHD |
|
|
David |
Killen |
BHD |
|
|
Robin |
Lewis |
BHD |
|
|
Warren |
McBride |
BHD |
|
|
Peter |
Amos |
BHD |
|
|
Dan |
Greening |
BHD |
|
|
David |
Crowe |
BHD |
|
|
Andrew |
Yates |
BHD |
|
|
Tim |
Magill |
BHD |
|
|
Daniel |
Filmer |
BHD |
|
|
Stephen |
Irwin |
BHD |
|
|
Jose |
Goncalves Pereira |
BHD |
|
|
Katie |
Maclennan |
BHD |
|
|
James |
Clay |
BHD |
|
|
Mirko |
Scholten |
BHD |
|
|
Anna |
Van Noordenne |
BHD |
|
|
David |
Sanchez Manso |
BHD |
|
|
Adam |
Mauseth |
BHD |
|
|
Matthew |
Giles |
BHD |
|
|
Stuart |
Mcconachie |
BHD |
|
|
Jonathan |
Travers-Hind |
BHD |
|
|
Stephen |
Lynn |
BHD |
|
|
Christopher |
Mccabe |
BHD |
|
|
Michael |
Mckinley-Good |
BHD |
|
|
Martin |
Scullion |
BHD |
|
|
Barry |
Mcerlean |
BHD |
|
|
Ryan |
Madden |
BHD |
|
|
David |
Walsh |
BHD |
|
|
Mohamed |
Ali |
BHD |
|
|
Mohammed |
Ali |
BHD |
|
|
Ben |
Cornwell |
BHD |
|
|
Hugo |
Clarke-Wing |
BHD |
|
|
Paul |
Lambert |
BHD |