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Industrial Tribunals Northern Ireland Decisions


You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Unite the Union Prospect v Glybe Ltd (in administration) ... Glybe Ltd (in administration) ... (Other) [2022] NIit 17584_20IT (23 March 2022)
URL: http://www.bailii.org/nie/cases/NIIT/2022/17584_20it.html
Cite as: [2022] NIit 17584_20IT

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THE INDUSTRIAL TRIBUNALS

 

CASE NO: 17584/20IT

 

BETWEEN:

UNITE THE UNION

Claimant

and

 

Flybe Ltd (in administration)

now FBE Realisations 2021 Ltd,

(“Flybe”) arising out of its entering Administration on 5 March 2020

 

Respondent

 

 

AND

 

CASE NO: 17585/20IT

 

BETWEEN:                                                 

PROSPECT

Claimant

and

 

Flybe Ltd (in administration)

now FBE Realisations 2021 Ltd,

(“Flybe”) arising out of its entering Administration on 5 March 2020

 

Respondent

 

JUDGMENT BY CONSENT

 

 

CONSTITUTION OF TRIBUNAL

 

Employment Judge (sitting alone):                   Employment Judge Hamill

 

 

 

APPEARANCES:

 

The claimant was represented by Mr Derek Kane of Thompsons Solicitors.

 

The Respondent was represented by AM Hudson, Administrator.

 

In exercise of the discretion under Regulation 59 of Schedule 1 to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 it is ordered as follows:

 

1.            In accordance with Article 217 (2) of The Employment Rights (Northern Ireland) Order 1996 (“the 1996 Order”) the Industrial Tribunal makes a declaration that the Respondent failed to comply with the requirements of Article 216 insofar as there was no proper warning or notice given and no consultation took place.

 

2.            The Respondent went into administration on the 5 March 2020. The Claimants were employed at the Respondent’s site in Belfast. Their employment was terminated on the 5 March 2020 with immediate effect. A further four Engineers in the bargaining unit in Northern Ireland were made redundant on or after 30 June 2021.

 

3.            Unite the Union was the recognised trade union for collective bargaining, consultation and negotiation purposes for cabin crew employed by the respondent  at Belfast City Airport. Prospect was the recognised trade union for collective bargaining, consultation and negotiation for the Engineer workforce at Belfast City Airport.

 

4.            The Joint Administrators confirmed the Respondent would not be contesting the protective award claims. The claimants to these matters (case reference number: 17584/20IT) being all those Cabin Crew listed in Schedule 1 and all those Engineers listed in Schedule 2 (case reference number: 17585/20IT together with all those employees within the bargaining unit and the employee, Mark Patefield who is not within the bargaining unit.

 

5.            By consent of the relevant parties, the Industrial Tribunal orders a protective award of 60 days’ pay in respect of all Cabin Crew and Engineers falling within the respective recognised bargaining units and the employee, Mark Patefield who is not within the bargaining unit for the period of 60 days beginning on the 5 March 2020 and for those Engineers made redundant on the 30 June 2021, 10 July 2021 or 17 July 2021 for the period of 60 days beginning on the date of their redundancy.

 

6.            In accordance with the judgment by the House of Lords in Mann & Others v Secretary of State for Employment (1999) it is acknowledged that the claimants wish to choose the protective award period as the basis for calculating 8 weeks’ pay.

 

7.            The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996 (the 1996 Regulations) apply to these awards. Regulation 6 of the 1996 Regulations provides as follows:

 

“Duties of the employer to give information about protective awards

 

6.— (1)   Where an industrial tribunal makes a protective award under Article 217 against an employer, the employer shall give to the Department  the following information in writing—

 

(a)     the name, address and national insurance number of every employee to whom the award relates, and

(b)     the date of termination (or proposed termination) of the employment of each such employee.

 

(2)  Subject to paragraph (3), the employer shall comply with paragraph (1) within the period of 10 days commencing on the day on which the industrial tribunal at the hearing announces to the parties the effect of a decision to make a protective award or (in the case where no such announcement is made) on the day on which the relevant decision is sent to the parties.

 

(3) Where, in any case, it is not reasonably practicable for the employer to comply with paragraph (1) within the period applicable under paragraph (2) he shall comply as soon as reasonably practicable after the expiration of that period.”

 

8.            Subject to the normal categories of preferential debts set out in Schedule 6 of the Insolvency Act 1986, any payments made by the Respondent (rather than the Department for the Economy) pursuant to this Judgment will be paid as an unsecured dividend.

 

9.            There should be no order as to costs.

 

 

 

Employment Judge:

 

 

Date: 15th of March 2022

 

 

This judgment was entered in the register and issued to the parties on:

 

 

 

 

 


 

SCHEDULE 1

 

IN THE OFFICE OF THE INDUSTRIAL TRIBUNALS

AND THE FAIR EMPLOYMENT TRIBUNAL

           

Case Ref No: 17584/20IT

BETWEEN:

UNITE THE UNION

Claimant

and

 

Flybe Ltd (in administration)

now FBE Realisations 2021 Ltd,

(“Flybe”) arising out of its entering Administration on 5 March 2020

Respondent

 

________________________________________________________

 

SCHEDULE 1 OF JUDGMENT BY CONSENT

________________________________________________________

 

No

Forename

Surname

Base

1

Terri-Ann

Baxter

Belfast City Airport

2

Deborah

Apps

Belfast City Airport

3

Linzi Michelle

Bagnall

Belfast City Airport

4

Pauline Audrey

Bayliss

Belfast City Airport

5

Nicola Louise

Berry

Belfast City Airport

6

Lisa

Blakely

Belfast City Airport

7

Lois Jayne

Blaney

Belfast City Airport

8

Philippa Louise

Bolton

Belfast City Airport

9

Shelley

Boyd

Belfast City Airport

10

Kenneth Ian

Boyd

Belfast City Airport

11

Sinead Mary Louise

Brannigan

Belfast City Airport

12

Olivia

Burgess

Belfast City Airport

13

Emma Sarah Victoria

Campbell

Belfast City Airport

14

Judith Anne

Copeland

Belfast City Airport

15

Paula

Courtney

Belfast City Airport

16

Joanne Alexandra

Cowie

Belfast City Airport

17

Allyson Kathleen

Crawford

Belfast City Airport

18

Catherine

Crowe

Belfast City Airport

19

Joanne Elizabeth

Cummings

Belfast City Airport

20

Laura

Cummings

Belfast City Airport

21

Andrew Cameron

Cunningham

Belfast City Airport

22

Danielle Rosa

De Haan Hanratty

Belfast City Airport

23

Zita Maria

Deane

Belfast City Airport

24

Kim

Dennison

Belfast City Airport

25

Lisa Martina

Dooey

Belfast City Airport

26

Stuart Ian James

Emmett

Belfast City Airport

27

Claire

Ewing

Belfast City Airport

28

Katrina

Fenton

Belfast City Airport

29

Samantha An

Fisher

Belfast City Airport

30

Louise Karen

Fleming

Belfast City Airport

31

Eva Catherine

Gage

Belfast City Airport

32

Julia Francesca

Gracey

Belfast City Airport

33

Amanda Frances

Gray

Belfast City Airport

34

Sonya Grace

Grimley

Belfast City Airport

35

Gillian Sarah

Humphrys

Belfast City Airport

36

Helen

Ingram

Belfast City Airport

37

Nicola Michelle

Jansen Van Rensburg

Belfast City Airport

38

Lesley

Johnston

Belfast City Airport

39

Jacqueline May

Johnston

Belfast City Airport

40

Christina Ann

Johnston

Belfast City Airport

41

Gary Robert

Johnston

Belfast City Airport

42

Karen

Kane

Belfast City Airport

43

Catherine Karen

Kay

Belfast City Airport

44

Carol Theres

Kearney

Belfast City Airport

45

Jennifer

Keery

Belfast City Airport

46

Majella Rosemary

Kelly

Belfast City Airport

47

Trevor Hugh

Kielty

Belfast City Airport

48

Philip Alan

Land

Belfast City Airport

49

Keira Louise

Lemon

Belfast City Airport

50

Stacy

Liggett

Belfast City Airport

51

Hannah Iris Katherin

Loughrin

Belfast City Airport

52

Reagan Jean

Madden

Belfast City Airport

53

Maurice

Magennis

Belfast City Airport

54

Catherine Louise M

Maxwell

Belfast City Airport

55

Louise Sarah

McBriarty

Belfast City Airport

56

Chloe McKinley

McCabe

Belfast City Airport

57

Suzanne

McCartney

Belfast City Airport

58

Eleanor Jane

McConnell

Belfast City Airport

59

Claire Mary

McDonald

Belfast City Airport

60

Megan Rachael

McGrath

Belfast City Airport

61

Emma

McIntyre

Belfast City Airport

62

Orlagh

McKillop

Belfast City Airport

63

Michelle Jean

McKinnon

Belfast City Airport

64

Charlene

McMahon

Belfast City Airport

65

Natalie

McSorley

Belfast City Airport

66

Lynn Mary Margaret

Millar

Belfast City Airport

67

Victoria

McMahon nee Montgomery

Belfast City Airport

68

Lindsay

Mould

Belfast City Airport

69

Grainne

Mullan

Belfast City Airport

70

Lindsay

O'Connell

Belfast City Airport

71

Paula Maria

O'Hara

Belfast City Airport

72

Heather Jane

O'Neill

Belfast City Airport

73

Zenith Sonya

Page

Belfast City Airport

74

Mark

Patefield

Belfast City Airport

75

Stella Mabel

Patterson

Belfast City Airport

76

Julie-Ann Margaret

Phillips

Belfast City Airport

77

Robyn Annabel

Picken

Belfast City Airport

78

Veronica Mary

Pille-Ashe

Belfast City Airport

79

Ambyr Nicole

Piper

Belfast City Airport

80

Mark William

Price

Belfast City Airport

81

Annette Sarah

Reid

Belfast City Airport

82

Nova

Robertson

Belfast City Airport

83

Paula Laura

Ruddell

Belfast City Airport

84

Gemma Anne

Scott

Belfast City Airport

85

Ingrid Isobel

Smyth

Belfast City Airport

86

Celine Mairead

Spragg

Belfast City Airport

87

Sharon Ann Jane

Stanley

Belfast City Airport

88

Laura Anne

Stewart

Belfast City Airport

89

Joanne Victoria

Surgeon

Belfast City Airport

90

Claire Elizabeth

Thompson

Belfast City Airport

91

Margaret Laura

Thompson

Belfast City Airport

92

Ludmila

Vcelakova

Belfast City Airport

93

Katarina

Vikingsson

Belfast City Airport

94

Gill

Visser

Belfast City Airport

95

Ciara Anne

Woods

Belfast City Airport

96

Briege

Young

Belfast City Airport

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE 2

IN THE OFFICE OF THE INDUSTRIAL TRIBUNALS

AND THE FAIR EMPLOYMENT TRIBUNAL

 

CASE NO: 17585/20IT

 

BETWEEN:                                                 

PROSPECT

Claimant

and

 

Flybe Ltd (in administration)

now FBE Realisations 2021 Ltd,

(“Flybe”) arising out of its entering Administration on 5 March 2020

Respondent

__________________________________________________

 

SCHEDULE 2 OF JUDGMENT BY CONSENT

__________________________________________________

 

 

No

Forename

Surname

Base

1

Robert Stephen

Armstrong

Belfast City Airport

2

Paul Alexander

Bates

Belfast City Airport

3

Richard John

Conn

Belfast City Airport

4

Paul Malcolm

Cushley

Belfast City Airport

5

Craig James

Dempster

Belfast City Airport

6

Christopher

Devlin

Belfast City Airport

7

Neil Edmund Richard

Duncan

Belfast City Airport

8

Roy

McConville

Belfast City Airport

9

Terence Andrew

McCracken

Belfast City Airport

10

Brendan

McManus

Belfast City Airport

11

John Clement

Neill

Belfast City Airport

12

David Henry

Reid

Belfast City Airport

13

Barry Deane

Risk

Belfast City Airport

14

Paul Alan

Robinson

Belfast City Airport

15

Gordon Sidney

Thompson

Belfast City Airport

16

Stephen Edward

Wills

Belfast City Airport

17

Stephen Alexander

Wilson

Belfast City Airport

 

 


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URL: http://www.bailii.org/nie/cases/NIIT/2022/17584_20it.html