Jacek Prochownik v IRS Recycling Services Ltd (In Liquidation CASE REF:253/15

Posted In: Case Law
  • Case Reference
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Redundancy, Collective and Trade Union Issues
Issues covered: Collective Redundancies; Failure to Consult

The respondent was a waste management company which ceased operations with immediate effect in December 2014. All employees, including the claimant, were informed that they were being dismissed because of the closure of the business. Since at least 20 staff were employed, duties were owed under Article 216 of ERO which imposes a duty upon an employer to collectively consult with representatives of all or part of its workforce. 

Since the company became illiquid at short notice (a matter of days before the dismissals) there were 'special circumstances' which rendered it not reasonably practicable to comply with all the statutory requirements. However, the tribunal examined Paragraph (9)

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This article is correct at 06/11/2015

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John Taggart BL

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