Mr A Novick and others v H & H (Retail) Ltd (in Voluntary Liquidation) and The Secretary of State for Business, Energy and Industrial Strategy: 1309144/2020 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The first respondent not having presented a response to the claims and the Secretary of State having made legal submissions prior to the Rule 21 judgment, and on the information before the Judge, the judgment of the Tribunal is that:[1]The claimants’ complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) of a failure by the first respondent to comply with the requirements of section 188 of the 1992 Act are wellfounded.[2]The Tribunal makes a protective award in respect of the claimants who worked at the first respondent’s establishment at Grange House, Lancaster Road, Shrewsbury, SY1 3GF and who were dismissed as redundant on 17 June 2020 that the employer pay remuneration for the protected period which begins on 17 June 2020 and is for a period of 90 days. The Recoupment Regulations apply.[3]In this judgment, “the claimants” means all those individuals whose names appear on the schedule attached to this judgment.REASONS
[1]There are 57 claimants.[2]The claimants have presented their claims within the statutory time limits.[3]It appears that the claimants were employed at the same establishment in Shrewsbury and were made redundant on or after 17 June 2020.[4]The claimants assert that there was no recognised trade union or elected employee representatives.[5]It appears that 20 or more employees at the establishment were made redundant or placed at risk of redundancy, on or within 90 days of 17 June 2020.[6]The claimants were dismissed during this period without any consultation having taken place.[7]There appears to be no reason to depart from the principle that protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so.