Mr J Matthews and others v European Furniture Promotion Ltd in Administration: 1301805/2018 and others
JUDGMENT
The Judgment of the Tribunal is that the Respondent breached its duty to consult the Claimants provided by Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and I make a protective award pursuant to Section 189(2) of the that Act of ninety days pay to each Claimant.REASONS
[1]The Claimants were all employed by the Respondent. Without any warning on the morning of 18 April 2018, the Claimants were advised that the Respondent had entered administration and they were all being made redundant. The Respondent had failed to make any effort to consult the Claimants who comprised a number of more than one hundred employees who were made redundant in similar fashion. It is appropriate to make a declaration that the Respondent was in breach of its obligations under Section 188 aforesaid since the Directors must 10.7 Judgment with reasons – rule 62 March 2017 Case No: 1301295/2017 have been aware of the perilous financial situation of the Respondent before the Claimants were made redundant.[2]Since the Respondent has not filed a response or otherwise participated in these proceedings, I find there are no mitigating factors as I make the protective award equivalent to a protected period of ninety days bearing in that such an award is meant to be punitive rather than compensatory.[3]The Administrator of the Respondent, Mr Stephen Goderski, gave his consent to these proceedings continuing by letter dated 13 March 2019 addressed to the Tribunal.[4]Subject to the possible earlier payment of the awards by the Insolvency Service, a Remedy Hearing will be listed in accordance with the attached Order.