Dempsey & Others v David Patton and Sons (NI) Ltd (In Administration)Posted In: Case Law
Legal BodyNorthern Ireland Industrial Tribunal (NIIT)
Type of Claim / JurisdictionRedundancy and Reorganisation
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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