Mr J O'Malley and Others v SHS Integrated Services (Transmission) Ltd (In Administration) and Secretary of State for Business, Energy and Industrial Strategy: 1600513/2017 and Others
JUDGMENT
The Claimant’s claims for notice pay, holiday pay and unpaid wages are dismissed upon withdrawal pursuant to Rule 52 of the Tribunal’s Rules of Procedure. The Claimant still pursues a claim for a protective award. _____________________________ Employment Judge Cadney 28 November 2018 JUDGMENT SENT TO THE PARTIES ON 6 December 2018 ........................................................................................ FOR THE TRIBUNAL OFFICE Case Numbers: 1600511/2017, 1600512/17 & 1600513/17 1 EMPLOYMENT TRIBUNALS Claimants:(1) Unite the Union(2) Mr J O’Malley(3) Mr A Murphy Respondents: (1) SHS Integrated (Transmission) Ltd (2) Secretary of State for Business, Energy and Industrial Strategy Heard at: Cardiff (by CVP) On: 2 June 2023 Before: Employment Judge C Sharp (sitting alone) Representation: Claimants: Mr L Bronze (Counsel) Respondents: Not in attendance JUDGMENT The judgment of the Employment Judge sitting alone is that:[1]The Second Respondent was added as a party on its own application;[2]The claims brought by the Second and Third Claimants (1600511/17 and 1600513/17) are dismissed on the basis that they did not have standing to bring claims due to the recognition of the First Claimant;[3]The complaint that the First Respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[4]UNITE the Union (the First Claimant) was recognised by the Respondent under the terms of the National Agreement for the Engineering Construction Industry Case Numbers: 1600511/2017, 1600512/17 & 1600513/17 2 (NAECI) “Blue Book’ and covered all manual workers below the level of management of the First Respondent.[5]The Tribunal makes a protective award in respect of all employees of the First Respondent who were members of the collective bargaining unit represented by the First Claimant and assigned work from its premises at 15A Atlantic Business Park, Barry, Vale of Glamorgan CF63 3RF (the establishment) who were dismissed as redundant on or after 2 March 2017 and were not subject to a protective award made by consent on 19 March 2019 in respect of SHS Integrated Services Ltd – in Administration (1600495/17). Appendix 1 to this Judgment sets out the names of the affected employees represented by the Union, who were mobile employees, but part of the establishment.[6]The Tribunal orders the First Respondent to pay those employees remuneration for the protected period of 90 days beginning on 2 March 2017. The Recoupment Regulations apply.[7]This judgment does not prevent a claim being made to the Second Respondent for payment from the National Insurance fund in respect of the First Respondent’s liability. Employment Judge C Sharp Dated: 2 June 2023[1]The Second Respondent was added as a party on its own application;[2]The claims brought by the Second and Third Claimants (1600511/17 and 1600513/17) are dismissed on the basis that they did not have standing to bring claims due to the recognition of the First Claimant;[3]The complaint that the First Respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is well founded.[4]UNITE the Union (the First Claimant) was recognised by the Respondent under the terms of the National Agreement for the Engineering Construction Industry Case Numbers: 1600511/2017, 1600512/2017 & 1600513/2017 2 (NAECI) “Blue Book’ and covered all manual workers below the level of management of the First Respondent.[5]The Tribunal makes a protective award in respect of all employees of the First Respondent who were members of the collective bargaining unit represented by the First Claimant and assigned work from its premises at 15A Atlantic Business Park, Barry, Vale of Glamorgan CF63 3RF (the establishment) who were dismissed as redundant on or after 2 March 2017 and were not subject to a protective award made by consent on 19 March 2019 in respect of SHS Integrated Services Ltd – in Administration (1600495/17). Appendix 1 to this Judgment sets out the names of the affected employees represented by the Union, who were mobile employees, but part of the establishment.[6]The Tribunal orders the First Respondent to pay those employees remuneration for the protected period of 90 days beginning on 2 March 2017. The Recoupment Regulations apply.[7]This judgment does not prevent a claim being made to the Second Respondent for payment from the National Insurance fund in respect of the First Respondent’s liability.