Mr A Brewer and Mr A Fielding v MAK Services (2007) Ltd (In Administration): 1301479/2018 and 1301131/2018
JUDGMENT
[1]The claimants have each proven that the respondent is in breach of its obligation to consult under s.188 TULRCA 1992. The claimants comprise a class of employees affected by the respondent’s dismissal proposals; namely mobile refrigeration engineers.[2]The claimants are entitled to receive from the respondent a protective award pursuant to s.189 TULRCA 1992, calculated as 90 days gross pay commencing 14 December 2017, the date of dismissal in each case. I so order.[3]The 2nd claimant withdraws his claims of unfair dismissal and unauthorised deduction of wages.