Mrs K Clarke v FMG Repair Services Ltd and Others: 1406358/2020
JUDGMENT
This was a determination on papers with no attendance by any party.[1]The Tribunal makes a protective award in favour of the Claimant and orders the third respondent to pay remuneration for a protected period of 90 days beginning on 4 September 2020.[2]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.[3]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award.[4]This Judgment does not affect Mrs Clarke’s continuing claims against the first and second respondents.REASONS
[1]The claimant was employed by the respondent as a home-based worker, working as part of its “Head Office” function.[2]On 4 September 2020, the claimant was dismissed by reason of redundancy.[3]The third respondent did not fully inform and consult with the claimant in accordance with the provisions of s.188 and s.188A Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”). The Head Office function was an establishment at which the respondent proposed to make 20 or more redundancies. Case No:1406358/2020[4]The claimant has raised her complaints as an individual (there being no relevant employee representatives) pursuant to section 189 of the Act seeking a protective award.[5]This matter has been determined on the papers in view of information sent in by the parties, and in line with a judgment issued in other cases involving workers assigned to the Head Office function of the business. If any party considers that Mrs Clarke is not entitled to a protective award, then they are reminded that they may apply for a reconsideration of the Judgment. Further information is contained in the leaflet provided alongside the Judgment.