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.
The respondent went into administration on 5th March 2020 and this case arose from that. The claimants were Trade Unions which represented individuals who worked at the respondent’s site in Belfast. The first union, Unite the Union, was the recognised Union for collective bargaining, consultation and negotiation in relation to cabin crew employed by the respondent. The second union, Prospect, was the recognised Union for collective bargaining, consultation and negotiation for the engineering workforce at Belfast City Airport.
On 5th March, the day when the respondent went into administration, the employment of those represented by the Unions was terminated with immediate effect. There were a further four engineers who were part of the bargaining unit who were made redundant at a later date, 30th June 2021.
A case was brought against the respondent and their administrators relating to the right under Article 216 of the Employment Rights (NI) Order 1996 relating to a proper warning or notice being given of redundancy and the failure to have a proper consultation. To this end, it was argued that the respondents ought to have consulted with the recognised unions. As this did not happen the claimants sought protective pay awards under Article 217(2) of the 1996 Order. The administrators confirmed to the Tribunal that they would not be contesting the claim for a protective award. As a result, by the consent of the parties, the Tribunal ordered a protective award of 60 days’ pay for those were made redundant.
Practical Lessons
This case demonstrates the need for proper notice and consultation to be given when there is a redundancy exercise. This has recently been prominent in the news considering the 800 employees made redundant by P&O Ferries. The decision here relating to Flybe will allow for some compensation be to given relating to how the redundancies were carried out. However, in an administration situation it must be remembered that there may not be the financial wherewithal to actually meet the compensation that has been ordered.
NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/
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