More than 20 employees of the respondent company, including the claimant, were dismissed by reason of redundancy. The tribunal was satisfied that no efforts were made, by or on behalf of the Company, in connection with those dismissals to comply with the duties imposed by Article 216 of the Employment Rights (Northern Ireland) Order 1996. It was also satisfied that no trade union was recognised in respect of any part of the relevant workforce nor did an employee forum exist.

It was held that no worthwhile consultation was carried out with any workers' representative. The employer has not shown that there were any special circumstances which rendered it not reasonably practicable for the employer to comply with any requirement