Mr G Legge v AL Realisations Ltd (in Administration) and The Secretary of State for Business Energy and Industrial Strategy: 1602506/2020
[1]The Claimant was employed by the First Respondent (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 2 September 2020, the Claimant was dismissed by the Respondent by reason of redundancy. The parties agree that for the purposes of this Consent Judgment, the protected period in relation to the Claimant begins on their termination date, which is 2 September 2020.[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 35 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]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.[8]The Recoupment Regulations apply to this Judgment. For the avoidance of doubt, any recoupment notice does not apply to the Secretary of State for Business, Energy and Industrial Strategy. NOTES Useful information[1]All judgments and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents.[2]You can appeal to the Employment Appeal Tribunal if you think a legal mistake was made in an Employment Tribunal decision. There is more information here: https://www.gov.uk/appeal-employment-appeal-tribunal Employment Judge Deeley Date: 23 August 2021 Schedule - Claimants who are entitled to a protective award for a 35-day period and are included within the scope of the Consent Judgment Claim Numbers Name Name Termination Date 1602506/2020 Gerard Legge 02 September 2020