Unite the Union v JD Lydney (In Administration): 1404614/2020
EMPLOYMENT TRIBUNALS
Case No 1404614/2020
Between
Unite the UnionClaimantJD Lydney (In Administration)RespondentDate 2 November 2021
[1]The Respondents are ordered to pay each of the Claimants set out in the attached list (the Protective Award Claimants) a protective award of 6 weeks pay under Section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992;[2]These claims are for a protective award (‘the PA’) under the provisions of S184(2)(d) of the Employment Rights Act 1996 (the ERA’). As per this Section, the Secretary of State (‘the SOS’) is liable to pay the maximum of 8 weeks of Arrears of pay including any PA awarded by the employment tribunal under the provision of Trade Union and Labour Relations (Consolidation) Act 1992. In this case that level of PA is 6 weeks;[3]The “establishment rule” applies and the parties confirm that more than 20 employees are party to these proceedings;[4]The claims brought by the Claimant (Claim Number 1404614/2020, and any other claim by any of the Claimants) are dismissed; Case Number: 1404614/2020 2[5]No order for expenses (costs) is made in favour of any party. LIST OF EMPLOYEES Mr Ian Bailey Mr Timothy Bird Mr Tom Bollen Mr Robert Brooks Mr Paul Burnard Mr Michael Casey Mr Stephen Church Mrs Kerrin Corner Mr Ivor Cullis Mr Paul Davis Mr Kevin Edey Mr James Edge Mr Richard Elliot Mr Lee Elsmore Mr Stephen Fuller Mr Michael Guest Mr Wayne Gwynne Mr Nigel Hale Mr Timothy Hamer Mr Jamie Hammond Mr Michael Hancock Mr Paul Hanson Mr Richard Harding Mr Stephen Harding Mr Mark Holloway Mr Danny Hudson Mr Steven James Mr Richard Jenkins Mr Mark Knox Mr Nicholas Locke Mr Blair Martin Mr Samuel Mayhew Mr Patrick Mayo Mr Andrew Mudway Mr Panna Paul Mr Simon Peachey Mr Gareth Pearce Mr Martyn Penny Mr Andrew Phillips Mr Ian Powell Mr Terry Powell Mr Wayne Price Mr Stephen Robinson Mr Andrew Shaw Mr Nigel Shaw Mr Nicholas Smith Mr Glen Turner Mr Gary Watkins Case Number: 1404614/2020 3 Mr Simon Watts Mr Andrew Weaver Mr Neil Wilce Mr Clinton Williams Regional Employment Judge Pirani Date: 2 November 2021 Judgment sent to parties: 2 November 2021 FOR THE OFFICE OF THE TRIBUNALS Case Number: 1404614/2020 1 EMPLOYMENT TRIBUNALS Claimant: Unite the Union Respondent: JD Norman Lydney (In Administration) CORRECTED JUDGMENT BY CONSENT UPON reading the joint application submitted by the claimants together with the agreement of the respondent AND UPON the relevant parties having agreed to the terms of the Judgment set out below by consent The Judgment of the Employment Tribunal made under Rule 64 of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 is that:[1]The Respondents are ordered to pay each of the Claimants set out in the attached list (the Protective Award Claimants) a protective award of 6 weeks pay under Section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992;[2]These claims are for a protective award (‘the PA’) under the provisions of S184(2)(d) of the Employment Rights Act 1996 (the ERA’). As per this Section, the Secretary of State (‘the SOS’) is liable to pay the maximum of 8 weeks of Arrears of pay including any PA awarded by the employment tribunal under the provision of Trade Union and Labour Relations (Consolidation) Act 1992. In this case that level of PA is 6 weeks;[3]The “establishment rule” applies and the parties confirm that more than 20 employees are party to these proceedings;[4]The claims brought by the Claimant (Claim Number 1404614/2020, and any other claim by any of the Claimants) are dismissed; Case Number: 1404614/2020 2[5]No order for expenses (costs) is made in favour of any party.[6]The start date of the award is 2 May 2020 and the number of days’ pay to be paid per employee is 30 days. LIST OF EMPLOYEES Mr Ian Bailey Mr Timothy Bird Mr Tom Bollen Mr Robert Brooks Mr Paul Burnard Mr Michael Casey Mr Stephen Church Mrs Kerrin Corner Mr Ivor Cullis Mr Paul Davis Mr Kevin Edey Mr James Edge Mr Richard Elliot Mr Lee Elsmore Mr Stephen Fuller Mr Michael Guest Mr Wayne Gwynne Mr Nigel Hale Mr Timothy Hamer Mr Jamie Hammond Mr Michael Hancock Mr Paul Hanson Mr Richard Harding Mr Stephen Harding Mr Mark Holloway Mr Danny Hudson Mr Steven James Mr Richard Jenkins Mr Mark Knox Mr Nicholas Locke Mr Blair Martin Mr Samuel Mayhew Mr Patrick Mayo Mr Andrew Mudway Mr Panna Paul Mr Simon Peachey Mr Gareth Pearce Mr Martyn Penny Mr Andrew Phillips Mr Ian Powell Mr Terry Powell Mr Wayne Price Mr Stephen Robinson Mr Andrew Shaw Mr Nigel Shaw Mr Nicholas Smith Case Number: 1404614/2020 3 Mr Glen Turner Mr Gary Watkins Mr Simon Watts Mr Andrew Weaver Mr Neil Wilce Mr Clinton Williams Regional Employment Judge Pirani Date: 2 November 2021 Amended Judgment sent to the parties: 12 April 2022 FOR THE TRIBUNALS OFFICE