Finlay & Others v Blackbourne Ltd and Anor [2023]
Decision Number: NIIT 2516/20 Legal Body: Northern Ireland Industrial Tribunal
Published on: 06/09/2023
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

Background:

The first respondent provided plumbing and electrical services.  The business closed in September 2019 and all staff were made redundant. The claimants are making claims for protective awards as a result of the failure to consult with the trade union, Unite the Union, employee representatives or individual employees.

The issue arising was whether the respondent complied with its duties under Article 216 of the Employment Rights (NI) Order 1996.  Additionally, the question was whether there were special circumstances rending it not reasonably practicable to comply with the requirements of Article 216.

Outcome:

An issue arose as to whether the employees were employed at one establishment, that being the headquarters of the first named respondent.  This was on

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/09/2023