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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Unite the Union Prospect v Glybe Ltd (in administration) ... Glybe Ltd (in administration) ... (Other) [2022] NIit 17584_20IT (23 March 2022)
URL: http://www.bailii.org/nie/cases/NIIT/2022/17584_20it.html
Cite as: [2022] NIit 17584_20IT
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THE INDUSTRIAL TRIBUNALS
CASE NO: 17584/20IT
BETWEEN:
UNITE THE UNION
Claimant
and
Flybe Ltd (in administration)
now FBE Realisations 2021 Ltd,
(“Flybe”) arising out of its entering Administration on 5 March 2020
Respondent
AND
CASE NO: 17585/20IT
BETWEEN:
PROSPECT
Claimant
and
Flybe Ltd (in administration)
now FBE Realisations 2021 Ltd,
(“Flybe”) arising out of its entering Administration on 5 March 2020
Respondent
JUDGMENT BY CONSENT
CONSTITUTION OF TRIBUNAL
Employment Judge (sitting alone): Employment Judge Hamill
APPEARANCES:
The claimant was represented by Mr Derek Kane of Thompsons Solicitors.
The Respondent was represented by AM Hudson, Administrator.
In exercise of the discretion under 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 Article 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 the requirements of Article 216 insofar as there was no proper warning or notice given and no consultation took place.
2. The Respondent went into administration on the 5 March 2020. The Claimants were employed at the Respondent’s site in Belfast. Their employment was terminated on the 5 March 2020 with immediate effect. A further four Engineers in the bargaining unit in Northern Ireland were made redundant on or after 30 June 2021.
3. Unite the Union was the recognised trade union for collective bargaining, consultation and negotiation purposes for cabin crew employed by the respondent at Belfast City Airport. Prospect was the recognised trade union for collective bargaining, consultation and negotiation for the Engineer workforce at Belfast City Airport.
4. The Joint Administrators confirmed the Respondent would not be contesting the protective award claims. The claimants to these matters (case reference number: 17584/20IT) being all those Cabin Crew listed in Schedule 1 and all those Engineers listed in Schedule 2 (case reference number: 17585/20IT together with all those employees within the bargaining unit and the employee, Mark Patefield who is not within the bargaining unit.
5. By consent of the relevant parties, the Industrial Tribunal orders a protective award of 60 days’ pay in respect of all Cabin Crew and Engineers falling within the respective recognised bargaining units and the employee, Mark Patefield who is not within the bargaining unit for the period of 60 days beginning on the 5 March 2020 and for those Engineers made redundant on the 30 June 2021, 10 July 2021 or 17 July 2021 for the period of 60 days beginning on the date of their redundancy.
6. In accordance with the judgment by the House of Lords in Mann & Others v Secretary of State for Employment (1999) it is acknowledged that the claimants wish to choose the protective award period as the basis for calculating 8 weeks’ pay.
7. The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996 (the 1996 Regulations) apply to these awards. Regulation 6 of the 1996 Regulations provides as follows:
“Duties of the employer to give information about protective awards
6.— (1) Where an industrial tribunal makes a protective award under Article 217 against an employer, the employer shall give to the Department the following information in writing—
(a) the name, address and national insurance number of every employee to whom the award relates, and
(b) the date of termination (or proposed termination) of the employment of each such employee.
(2) Subject to paragraph (3), the employer shall comply with paragraph (1) within the period of 10 days commencing on the day on which the industrial tribunal at the hearing announces to the parties the effect of a decision to make a protective award or (in the case where no such announcement is made) on the day on which the relevant decision is sent to the parties.
(3) Where, in any case, it is not reasonably practicable for the employer to comply with paragraph (1) within the period applicable under paragraph (2) he shall comply as soon as reasonably practicable after the expiration of that period.”
8. 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 Department for the Economy) pursuant to this Judgment will be paid as an unsecured dividend.
9. There should be no order as to costs.
Employment Judge:
Date: 15th of March 2022
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
Case Ref No: 17584/20IT
BETWEEN:
UNITE THE UNION
Claimant
and
Flybe Ltd (in administration)
now FBE Realisations 2021 Ltd,
(“Flybe”) arising out of its entering Administration on 5 March 2020
Respondent
________________________________________________________
SCHEDULE 1 OF JUDGMENT BY CONSENT
________________________________________________________
|
No |
Forename |
Surname |
Base |
|
1 |
Terri-Ann |
Baxter |
Belfast City Airport |
|
2 |
Deborah |
Apps |
Belfast City Airport |
|
3 |
Linzi Michelle |
Bagnall |
Belfast City Airport |
|
4 |
Pauline Audrey |
Bayliss |
Belfast City Airport |
|
5 |
Nicola Louise |
Berry |
Belfast City Airport |
|
6 |
Lisa |
Blakely |
Belfast City Airport |
|
7 |
Lois Jayne |
Blaney |
Belfast City Airport |
|
8 |
Philippa Louise |
Bolton |
Belfast City Airport |
|
9 |
Shelley |
Boyd |
Belfast City Airport |
|
10 |
Kenneth Ian |
Boyd |
Belfast City Airport |
|
11 |
Sinead Mary Louise |
Brannigan |
Belfast City Airport |
|
12 |
Olivia |
Burgess |
Belfast City Airport |
|
13 |
Emma Sarah Victoria |
Campbell |
Belfast City Airport |
|
14 |
Judith Anne |
Copeland |
Belfast City Airport |
|
15 |
Paula |
Courtney |
Belfast City Airport |
|
16 |
Joanne Alexandra |
Cowie |
Belfast City Airport |
|
17 |
Allyson Kathleen |
Crawford |
Belfast City Airport |
|
18 |
Catherine |
Crowe |
Belfast City Airport |
|
19 |
Joanne Elizabeth |
Cummings |
Belfast City Airport |
|
20 |
Laura |
Cummings |
Belfast City Airport |
|
21 |
Andrew Cameron |
Cunningham |
Belfast City Airport |
|
22 |
Danielle Rosa |
De Haan Hanratty |
Belfast City Airport |
|
23 |
Zita Maria |
Deane |
Belfast City Airport |
|
24 |
Kim |
Dennison |
Belfast City Airport |
|
25 |
Lisa Martina |
Dooey |
Belfast City Airport |
|
26 |
Stuart Ian James |
Emmett |
Belfast City Airport |
|
27 |
Claire |
Ewing |
Belfast City Airport |
|
28 |
Katrina |
Fenton |
Belfast City Airport |
|
29 |
Samantha An |
Fisher |
Belfast City Airport |
|
30 |
Louise Karen |
Fleming |
Belfast City Airport |
|
31 |
Eva Catherine |
Gage |
Belfast City Airport |
|
32 |
Julia Francesca |
Gracey |
Belfast City Airport |
|
33 |
Amanda Frances |
Gray |
Belfast City Airport |
|
34 |
Sonya Grace |
Grimley |
Belfast City Airport |
|
35 |
Gillian Sarah |
Humphrys |
Belfast City Airport |
|
36 |
Helen |
Ingram |
Belfast City Airport |
|
37 |
Nicola Michelle |
Jansen Van Rensburg |
Belfast City Airport |
|
38 |
Lesley |
Johnston |
Belfast City Airport |
|
39 |
Jacqueline May |
Johnston |
Belfast City Airport |
|
40 |
Christina Ann |
Johnston |
Belfast City Airport |
|
41 |
Gary Robert |
Johnston |
Belfast City Airport |
|
42 |
Karen |
Kane |
Belfast City Airport |
|
43 |
Catherine Karen |
Kay |
Belfast City Airport |
|
44 |
Carol Theres |
Kearney |
Belfast City Airport |
|
45 |
Jennifer |
Keery |
Belfast City Airport |
|
46 |
Majella Rosemary |
Kelly |
Belfast City Airport |
|
47 |
Trevor Hugh |
Kielty |
Belfast City Airport |
|
48 |
Philip Alan |
Land |
Belfast City Airport |
|
49 |
Keira Louise |
Lemon |
Belfast City Airport |
|
50 |
Stacy |
Liggett |
Belfast City Airport |
|
51 |
Hannah Iris Katherin |
Loughrin |
Belfast City Airport |
|
52 |
Reagan Jean |
Madden |
Belfast City Airport |
|
53 |
Maurice |
Magennis |
Belfast City Airport |
|
54 |
Catherine Louise M |
Maxwell |
Belfast City Airport |
|
55 |
Louise Sarah |
McBriarty |
Belfast City Airport |
|
56 |
Chloe McKinley |
McCabe |
Belfast City Airport |
|
57 |
Suzanne |
McCartney |
Belfast City Airport |
|
58 |
Eleanor Jane |
McConnell |
Belfast City Airport |
|
59 |
Claire Mary |
McDonald |
Belfast City Airport |
|
60 |
Megan Rachael |
McGrath |
Belfast City Airport |
|
61 |
Emma |
McIntyre |
Belfast City Airport |
|
62 |
Orlagh |
McKillop |
Belfast City Airport |
|
63 |
Michelle Jean |
McKinnon |
Belfast City Airport |
|
64 |
Charlene |
McMahon |
Belfast City Airport |
|
65 |
Natalie |
McSorley |
Belfast City Airport |
|
66 |
Lynn Mary Margaret |
Millar |
Belfast City Airport |
|
67 |
Victoria |
McMahon nee Montgomery |
Belfast City Airport |
|
68 |
Lindsay |
Mould |
Belfast City Airport |
|
69 |
Grainne |
Mullan |
Belfast City Airport |
|
70 |
Lindsay |
O'Connell |
Belfast City Airport |
|
71 |
Paula Maria |
O'Hara |
Belfast City Airport |
|
72 |
Heather Jane |
O'Neill |
Belfast City Airport |
|
73 |
Zenith Sonya |
Page |
Belfast City Airport |
|
74 |
Mark |
Patefield |
Belfast City Airport |
|
75 |
Stella Mabel |
Patterson |
Belfast City Airport |
|
76 |
Julie-Ann Margaret |
Phillips |
Belfast City Airport |
|
77 |
Robyn Annabel |
Picken |
Belfast City Airport |
|
78 |
Veronica Mary |
Pille-Ashe |
Belfast City Airport |
|
79 |
Ambyr Nicole |
Piper |
Belfast City Airport |
|
80 |
Mark William |
Price |
Belfast City Airport |
|
81 |
Annette Sarah |
Reid |
Belfast City Airport |
|
82 |
Nova |
Robertson |
Belfast City Airport |
|
83 |
Paula Laura |
Ruddell |
Belfast City Airport |
|
84 |
Gemma Anne |
Scott |
Belfast City Airport |
|
85 |
Ingrid Isobel |
Smyth |
Belfast City Airport |
|
86 |
Celine Mairead |
Spragg |
Belfast City Airport |
|
87 |
Sharon Ann Jane |
Stanley |
Belfast City Airport |
|
88 |
Laura Anne |
Stewart |
Belfast City Airport |
|
89 |
Joanne Victoria |
Surgeon |
Belfast City Airport |
|
90 |
Claire Elizabeth |
Thompson |
Belfast City Airport |
|
91 |
Margaret Laura |
Thompson |
Belfast City Airport |
|
92 |
Ludmila |
Vcelakova |
Belfast City Airport |
|
93 |
Katarina |
Vikingsson |
Belfast City Airport |
|
94 |
Gill |
Visser |
Belfast City Airport |
|
95 |
Ciara Anne |
Woods |
Belfast City Airport |
|
96 |
Briege |
Young |
Belfast City Airport |
SCHEDULE 2
IN THE OFFICE OF THE INDUSTRIAL TRIBUNALS
AND THE FAIR EMPLOYMENT TRIBUNAL
CASE NO: 17585/20IT
BETWEEN:
PROSPECT
Claimant
and
Flybe Ltd (in administration)
now FBE Realisations 2021 Ltd,
(“Flybe”) arising out of its entering Administration on 5 March 2020
Respondent
__________________________________________________
SCHEDULE 2 OF JUDGMENT BY CONSENT
__________________________________________________
|
No |
Forename |
Surname |
Base |
|
1 |
Robert Stephen |
Armstrong |
Belfast City Airport |
|
2 |
Paul Alexander |
Bates |
Belfast City Airport |
|
3 |
Richard John |
Conn |
Belfast City Airport |
|
4 |
Paul Malcolm |
Cushley |
Belfast City Airport |
|
5 |
Craig James |
Dempster |
Belfast City Airport |
|
6 |
Christopher |
Devlin |
Belfast City Airport |
|
7 |
Neil Edmund Richard |
Duncan |
Belfast City Airport |
|
8 |
Roy |
McConville |
Belfast City Airport |
|
9 |
Terence Andrew |
McCracken |
Belfast City Airport |
|
10 |
Brendan |
McManus |
Belfast City Airport |
|
11 |
John Clement |
Neill |
Belfast City Airport |
|
12 |
David Henry |
Reid |
Belfast City Airport |
|
13 |
Barry Deane |
Risk |
Belfast City Airport |
|
14 |
Paul Alan |
Robinson |
Belfast City Airport |
|
15 |
Gordon Sidney |
Thompson |
Belfast City Airport |
|
16 |
Stephen Edward |
Wills |
Belfast City Airport |
|
17 |
Stephen Alexander |
Wilson |
Belfast City Airport |