Mrs S Davies v Castle Meadows Nursing Home (in Creditors’ Voluntary Liquidation): 1302545/2022
JUDGMENT
[1]The claimant’s claims for unfair dismissal, holiday pay, arrears of pay, notice and statutory redundancy pay are withdrawn and dismissed.[2]The claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act is well-founded.[3]The claimant was employed within an establishment where the respondent was proposing to dismiss as redundant 20 or more employees within a period of 90 days or less. The respondent failed to comply with the requirement to consult with the claimant prior to dismissing her and that was a breach of s188 of the 1992 Act.[4]Under that Act the Tribunal makes a protective award in respect of the claimant. The respondent is ordered to pay remuneration to the claimant for a protected period of 90 days beginning on 18 March 2022.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award.