Miss S Harrison and others v Debenhams Retail Ltd (In Administration): 1403109/2020 and others
JUDGMENT
[1]The claimants listed in the attached schedule to this Judgment (the “Claimants”) were all employed by the First Respondent at their Portsmouth store.[2]On 9 April 2020, the First Respondent entered administration and Geoffrey Paul Rowley and Alastair Rex Massey (both of FRP Advisory, 2nd Floor, 110 Cannon Street, London, EC4N 6EU) were appointed as joint administrators (“Joint Administrators”).[3]The Claimants were dismissed by the First Respondent by reason of redundancy on 31 January 2021.[4]The Claimants raised a complaint pursuant to section 189 of The Trade Union and Labour Relations (Consolidation) Act 1992 (the “Act”) and are seeking a protective award in respect of failure to consult in accordance with s.188 and s.188A of the Act.[5]The Claimants were all assigned to an establishment where 20 or more redundancies were proposed by their employer within a period of 90 days. The First Respondent did not fully inform and consult with the Claimants in accordance with the provisions of s.188 and s.188A of the Act.[6]The protected period should be 90 days from the date of the first dismissal (31 January 2021)[7]The Protective Award Payments will rank as unsecured claims in the insolvency of the First Respondent but some of the Protective Award Payments may be wholly recoverable from the Redundancy Payments Service.[8]There is no order requiring any party to pay or reimburse another party’s costs or fees. Each party shall bear their own costs and fees.[9]For the avoidance of doubt, this Judgment applies to the listed Claimants only.[10]To the extent that the claim forms may have intimated any other claims they will stand dismissed automatically 14 days after the date of this order UNLESS the claimant writes in specifying any outstanding claim and providing administrator consent in respect thereof within that timeframe. Employment Judge Broughton Date: 19 September 2023 Annex Title First name Surname Case Number Miss Susan Harrison 1403109/2020 Mrs Susan Molloy 2203735/2020 Mrs Megan Beverley - Wright 2205072/2020 Ms Marilyn Dallow 3314211/2020 Miss Amber Houghton 2201820/2021 Miss Aneta Wanat 2201822/2021 Mr Charlie King 2201830/2021 Ms Diana Wojewoda 2201833/2021 Mrs Elizabeth Nash 2201837/2021 Mrs Linda Goble 2201853/2021 Ms Marilyn Doherty 2201859/2021 Mr Mariusz Nithal Czop 2201860/2021 Mr Matthew Scott 2201862/2021 Mr Michael Laver 2201864/2021 Ms Nicola Martin 2201866/2021 Mrs Rebecca Johnson 2201873/2021 Mr Ross Mcburnie 2201874/2021 Mr Scott Wyper 2201883/2021 Mr Shaun Carter 2201887/2021 Michael Miss Theresa Smith 2201891/2021 Miss Zoe Edwards 2201897/2021