Mrs E Metcalf v Texplan Manufacturing Ltd (In Administration): 1602368/2020
JUDGMENT
[1]The Claimant was employed by the Respondent.[2]Robert Nicholas Lewis and Zelf Hussain were appointed as joint administrators of the Respondent on 23 March 2020 and Rachael Maria Wilkinson was appointed as a joint administrator of the Respondent on 17 April 2020. On 3 July 2020, Anthony John Wright and Paul Allen of FRP Advisory were appointed as additional administrators of the Respondent.[3]On 31 July 2020, the Claimant was dismissed by Respondent by reason of redundancy.[4]The Claimant has raised a complaint pursuant to section 189 of The Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”) and is seeking a protective award in respect of failure to consult in accordance with s.188 and s.188A of the Act.[5]The Claimant was assigned to an establishment where 20 or more redundancies were proposed by their employer within a period of 90 days. The Respondent did not fully inform and consult with the Claimant in accordance with the provisions of s.188 and s.188A of the Act.[6]The Tribunal makes a protective award in favour of the Claimant for a protected period of 30 days, capped at the amount payable by the Redundancy Payments Service (“RPS”) in accordance with the RPS’s own regulations and limits and subject to any deductions required by law.[7]The parties agree that for the purposes of this Consent Judgment, the protected period in relation to the Claimant begins on her termination date as set out in the Schedule and lasts for 30 days.[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 Consent Judgment applies to the Claimant listed in the attached Schedule only and it is agreed that the claim listed in the Schedule is extinguished in its entirety by this Consent Judgment.