Mr G Douglas and others v Garth Bakery Ltd (In Administration) and Secretary of State for Business, Energy and Industrial Strategy: 1600511/2023 and others
JUDGMENT
The judgment of the Employment Judge sitting alone is that:[1]The claim brought by Kacey Lyons (1600517/23) is dismissed on the basis that they did not have standing to bring claims due to the failure to show that they were an employee of the Respondent as at 8 November 2022;[2]The complaint that the Respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[3]The Tribunal makes a protective award in respect of all employees of the Respondent who were employees at the single establishment operated by the Respondent at its premises at Pontcynon Industrial Estate, Pontcynon, Abercynon, Mountain Ash CF45 4EP (the establishment) who were dismissed as redundant on or after 8 November 2022. Appendix 1 to this Judgment sets out the names of the affected employees known to the Tribunal at this time.[4]The Tribunal orders the Respondent to pay those employees remuneration for the protected period of 90 days beginning on 8 November 2022. The Recoupment Regulations apply.[5]This judgment does not prevent a claim being made to the Secretary of State for payment from the National Insurance fund in respect of the Respondent’s liability.