Dempsey & Others v David Patton and Sons (NI) Ltd (In Administration)

Posted In: Case Law
  • Case Reference
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
Issues covered: Protective payments; Duty to consult

This case revolved around Art.216 of the Employment Rights (NI) Order (“ERO”) which imposes a duty upon an employer, in some situations, to collectively consult with representatives of all or part of its workforce. 

Pursuant to Art.221 of ERO the administrator of the respondent notified the Department for Employment and Learning of any potential redundancies. Since November 2012, there had been a single, continuous, although evolving, programme of redundancies in respect of the respondent.

The tribunal sequentially dealt with the following issues in the case. It was clear that the claimants all had ‘standing’ under the legislation since, inter alia, the respondent made no attempt at

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This article is correct at 13/06/2014

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.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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