Finlay & Others v Blackbourne Ltd and Anor [2023]

Posted In: Case Law
  • Decision Number
    NIIT 2516/20
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
Issues covered: Redundancy; Protective Award


The first respondent provided plumbing and electrical services.  The business closed in September 2019 and all staff were made redundant. The claimants are making claims for protective awards as a result of the failure to consult with the trade union, Unite the Union, employee representatives or individual employees.

The issue arising was whether the respondent complied with its duties under Article 216 of the Employment Rights (NI) Order 1996.  Additionally, the question was whether there were special circumstances rending it not reasonably practicable to comply with the requirements of Article 216.


An issue arose as to whether the employees were employed at

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This article is correct at 06/09/2023

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Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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