Flybe

Protective Award cases members of our Employment team have acted on: Flybe

Flybe fell into administration in March 2020.

At its peak, Flybe was the largest operator of UK domestic flights, flying from 28 airports in Britain.

Following, the Government’s withdrawal of financial support, Flybe fell into administration and administrators, Ernst & Young were appointed on 5^th March, with the majority of staff members being made redundant the same day without consultation.

It was announced that 2000 employees would be made redundant, including staff members from the head office in Exeter.

Hannah Durham and Carl Moran were contacted by a large number of engineers who were based at Birmingham airport who had been made redundant by Flybe, unfortunately many of whom SDM had represented in their Protective Award claims from Monarch Aircraft Engineering.

It is believed that the impact of the coronavirus on bookings was the final straw for Flybe. News of the administration was announced by the UK Civil Aviation Authority in the early hours of the morning of 5^th March. Passengers were urged not to attend airports as their flights would not be running.

Under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), an employer is obligated to collectively consult with its employees when proposing to make redundancies. Where an employer proposes to make redundant between 20-99 employees, they must consult with those employees over a period of 30 days. Where an employer proposes to make 100 or more employees redundant, the consultation period is 45 days. A proven failure to consult would entitle the employees to a Protective Award- punitive damages of up to 90 days’ pay.

The case remains ongoing.